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.