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.