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.