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.