75R10728 MI-D By Tillery H.B. No. 1936 Substitute the following for H.B. No. 1936: By Jackson C.S.H.B. No. 1936 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to notice to certain local governments by an applicant for 1-3 certain permits issued by the Texas Natural Resource Conservation 1-4 Commission. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter C, Chapter 361, Health and Safety 1-7 Code, is amended by adding Section 361.0642 to read as follows: 1-8 Sec. 361.0642. NOTICE TO LOCAL GOVERNMENTS. (a) A person 1-9 who files with the commission an application for, or notice of 1-10 intent to file, a permit to construct, operate, or maintain a 1-11 facility to store, process, or dispose of solid waste or hazardous 1-12 waste shall send notice of the application or of the notice of 1-13 intent to the governing body of a municipality if the perimeter of 1-14 the facility for which the permit is sought is less than 1,000 feet 1-15 outside the corporate limits of the municipality. 1-16 (b) The notice must be sent at the same time the application 1-17 or notice of intent to file the application is submitted to the 1-18 commission. 1-19 (c) The notice must: 1-20 (1) describe the location or proposed location of the 1-21 facility; 1-22 (2) describe the activities to be conducted at the 1-23 facility; 1-24 (3) state that a person, including a municipality, who 2-1 may be affected by the facility or proposed facility is entitled to 2-2 request a hearing from the commission; 2-3 (4) describe the manner in which the commission may be 2-4 contacted for further information; and 2-5 (5) include any other information the commission by 2-6 rule requires. 2-7 (d) The notice required by this section is in addition to 2-8 other notice required by law. 2-9 SECTION 2. Subchapter C, Chapter 382, Health and Safety 2-10 Code, is amended by adding Section 382.05165 to read as follows: 2-11 Sec. 382.05165. NOTICE TO LOCAL GOVERNMENTS. (a) A person 2-12 who files with the commission an application for a construction or 2-13 preconstruction permit, a special permit, or an operating permit 2-14 for a facility that may emit air contaminants shall send notice of 2-15 the application to the governing body of a municipality if the 2-16 perimeter of the facility for which the permit is sought is less 2-17 than 1,000 feet outside the corporate limits of the municipality. 2-18 (b) The notice must be sent at the same time the application 2-19 is submitted to the commission. 2-20 (c) The notice must: 2-21 (1) describe the location or proposed location of the 2-22 facility; 2-23 (2) describe the activities to be conducted at the 2-24 facility; 2-25 (3) state that a person, including a municipality, who 2-26 may be affected by the facility or proposed facility is entitled to 2-27 request a hearing from the commission; 3-1 (4) describe the manner in which the commission may be 3-2 contacted for further information; and 3-3 (5) include any other information the commission by 3-4 rule requires. 3-5 (d) The notice required by this section is in addition to 3-6 other notice required by law. 3-7 SECTION 3. This Act takes effect September 1, 1997, and 3-8 applies to a person who on or after September 1, 1997, submits to 3-9 the Texas Natural Resource Conservation Commission an application 3-10 for a permit or a notice of intent to file an application for a 3-11 permit issued under Chapter 361, Health and Safety Code, or an 3-12 application for a permit under Chapter 382, Health and Safety Code. 3-13 SECTION 4. The importance of this legislation and the 3-14 crowded condition of the calendars in both houses create an 3-15 emergency and an imperative public necessity that the 3-16 constitutional rule requiring bills to be read on three several 3-17 days in each house be suspended, and this rule is hereby suspended.