75R12336 E                           

         By Talton                                             H.B. No. 2701

         Substitute the following for H.B. No. 2701:

         By Jackson                                        C.S.H.B. No. 2701

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to amendment or modification of certain permits and

 1-3     licenses 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.  Chapter 5, Water Code, is amended by adding

 1-7     Subchapter J to read as follows:

 1-8                  SUBCHAPTER J.  AMENDMENT OR MODIFICATION

 1-9                           OF PERMITS OR LICENSES

1-10           Sec. 5.401.  AMENDMENT OR MODIFICATION GENERALLY.  (a)  The

1-11     commission may amend or modify a permit or license issued by the

1-12     commission.

1-13           (b)  The commission by rule shall adopt reasonable procedures

1-14     to amend or modify a permit or license.

1-15           (c)  Section 5.312 applies to a decision on an application to

1-16     amend a permit.

1-17           (d)  This subchapter does not apply to an amendment to which

1-18     Section 11.122 applies.

1-19           (e)  The lists in this subchapter of sections of this code or

1-20     the Health and Safety Code that apply to an application to amend or

1-21     modify a permit or license are not exclusive.

1-22           Sec. 5.402.  SOLID WASTE PERMITS.  (a)  This section applies

1-23     to a permit issued by the commission under Chapter 361, Health and

1-24     Safety Code.

 2-1           (b)  The procedures prescribed by Section 361.067, Health and

 2-2     Safety Code, apply to an application to amend a permit.

 2-3           (c)  Before amending a permit, the commission:

 2-4                 (1)  shall give notice and hold a public meeting as

 2-5     provided by Section 361.0791, Health and Safety Code, if that

 2-6     section applies by its terms;

 2-7                 (2)  shall provide the applicant and affected persons

 2-8     an opportunity for a hearing; and

 2-9                 (3)  may hold a hearing on its own motion.

2-10           (d)  Sections 361.084, 361.085, 361.0871, 361.0885, 361.089,

2-11     and 361.137, Health and Safety Code, apply to an application to

2-12     amend a permit to which those sections apply by their terms.

2-13           (e)  Sections 361.0791 and 361.137, Health and Safety Code,

2-14     apply to an application to modify a permit to which those sections

2-15     apply by their terms.

2-16           Sec. 5.403.  AIR QUALITY PERMITS.  (a)  This section applies

2-17     to a permit issued under Chapter 382, Health and Safety Code.

2-18           (b)  The commission may issue a permit for the modification

2-19     of an existing facility as defined by Section 382.003, Health and

2-20     Safety Code.

2-21           (c)  Sections 382.051, 382.0511, 382.0512, 382.0518, 382.052,

2-22     382.056, 382.0563, 382.059, 382.0591, and 382.062, Health and

2-23     Safety Code, apply to an application to amend or modify a permit to

2-24     which those sections apply by their terms.

2-25           Sec. 5.404.  WATER QUALITY PERMITS.  (a)  This section

2-26     applies to a permit issued by the commission under Chapter 26.

2-27           (b)  The commission on application of a permit holder may

 3-1     amend a permit.

 3-2           (c)  Sections 26.027, 26.028, 26.0281, 26.0282, 26.0283,

 3-3     26.029, and 26.048 apply to an application to amend a permit to

 3-4     which those sections apply by their terms.

 3-5           Sec. 5.405.  RADIOACTIVE WASTE DISPOSAL LICENSES.  (a)  This

 3-6     section applies to a license issued by the commission under Chapter

 3-7     401, Health and Safety Code.

 3-8           (b)  Sections 401.107, 401.116, and 401.118, Health and

 3-9     Safety Code, apply to an application to amend or modify a license

3-10     to which those sections apply by their terms.

3-11           SECTION 2.  This Act takes effect September 1, 1997.

3-12           SECTION 3.  The importance of this legislation and the

3-13     crowded condition of the calendars in both houses create an

3-14     emergency and an imperative public necessity that the

3-15     constitutional rule requiring bills to be read on three several

3-16     days in each house be suspended, and this rule is hereby suspended.