By Talton                                       H.B. No. 2701

      75R3441 SMH-F                           

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

1-20     to a permit issued by the commission under Chapter 361, Health and

1-21     Safety Code.

1-22           (b)  The procedures prescribed by Section 361.067, Health and

1-23     Safety Code, apply to an application to amend a permit.

1-24           (c)  Before amending a permit, the commission:

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

 2-2     provided by Section 361.0791, Health and Safety Code;

 2-3                 (2)  shall provide the applicant and affected persons

 2-4     an opportunity for a hearing; and

 2-5                 (3)  may hold a hearing on its own motion.

 2-6           (d)  Unless otherwise provided by those sections, Sections

 2-7     361.084, 361.085, 361.0871, 361.0885, 361.089, and 361.137, Health

 2-8     and Safety Code, apply to an application to amend a permit.

 2-9           (e)  Unless otherwise provided by those sections, Sections

2-10     361.0791 and 361.137, Health and Safety Code,  apply to

2-11     modification of a permit.

2-12           Sec. 5.403.  AIR POLLUTION PERMITS.  (a)  This section

2-13     applies to a permit issued under Chapter 382, Health and Safety

2-14     Code.

2-15           (b)  If permits for two or more facilities are consolidated

2-16     into a single permit under Section 382.0511, Health and Safety

2-17     Code, and the consolidated permit is reopened for consideration of

2-18     an amendment relating to one facility covered by the permit, the

2-19     permit is not considered reopened with respect to another facility

2-20     covered by the permit unless Chapter 382, Health and Safety Code,

2-21     specifically authorizes or requires that the permit be reopened

2-22     with respect to that facility in order to protect the public's

2-23     health or property.

2-24           (c)  Unless otherwise provided by those sections, Sections

2-25     382.0511, 382.0512, 382.0518, 382.056, 382.0591, and 382.062,

2-26     Health and Safety Code, apply to an application to amend a permit.

2-27           (d)  The commission may issue a permit for the modification

 3-1     of an existing facility as defined by Section 382.003, Health and

 3-2     Safety Code.

 3-3           (e)  Unless otherwise provided by those sections, Sections

 3-4     382.051, 382.0511, 382.0512, 382.0518, 382.052, 382.0541, 382.0542,

 3-5     382.056, 382.0563, 382.057, 382.059, and 382.062, Health and Safety

 3-6     Code, apply to the modification of an existing facility.

 3-7           Sec. 5.404.  WATER POLLUTION PERMITS.  (a)  This section

 3-8     applies to a permit issued by the commission under Chapter 26.

 3-9           (b)  The commission on application of a permit holder may

3-10     amend a permit.

3-11           (c)  An application must contain:

3-12                 (1)  if the applicant is an individual:

3-13                       (A)  the applicant's full legal name and date of

3-14     birth;

3-15                       (B)  the street address of the applicant's place

3-16     of residence;

3-17                       (C)  the identifying number from the applicant's

3-18     driver's license or personal identification certificate issued by

3-19     the state or country in which the applicant resides;

3-20                       (D)  the applicant's sex; and

3-21                       (E)  any assumed business or professional name of

3-22     the applicant filed under Chapter 36, Business & Commerce Code; and

3-23                 (2)  any other information reasonably required by the

3-24     commission.

3-25           (d)  The commission may set for consideration an application

3-26     to amend a permit to improve the quality of waste authorized to be

3-27     discharged and act on the application at a regular meeting without

 4-1     holding a public hearing if the applicant:

 4-2                 (1)  does not seek to increase significantly the

 4-3     quantity of waste authorized to be discharged; or

 4-4                 (2)  change materially the pattern or place of

 4-5     discharge.

 4-6           (e)  Not later than the 11th day before the date of a meeting

 4-7     described by Subsection (d), the commission shall mail notice of

 4-8     the application to:

 4-9                 (1)  the mayor and health authorities for the

4-10     municipality, if any, in which the waste is or will be discharged;

4-11     and

4-12                 (2)  the county judge and health authorities for the

4-13     county in which the waste is or will be discharged.

4-14           (f)  The officials described by Subsection (e) may present

4-15     information to the commission at a meeting described by Subsection

4-16     (d).

4-17           (g)  Unless those sections provide otherwise, Sections

4-18     26.027, 26.028, 26.0281, 26.0282, 26.0283, 26.029, and 26.048 apply

4-19     to an application to amend a permit.

4-20           Sec. 5.405.  RADIOACTIVE WASTE PROCESSING OR DISPOSAL

4-21     LICENSES.  (a)  This section applies to a license issued by the

4-22     commission under Chapter 401, Health and Safety Code.

4-23           (b)  An amendment to a license may take effect immediately.

4-24           (c)  The commission shall:

4-25                 (1)  publish notice of the proposed amendment:

4-26                       (A)  in the Texas Register; and

4-27                       (B)  in a newspaper of general circulation in the

 5-1     county in which the licensed activity is located; and

 5-2                 (2)  give notice to any person who has requested to

 5-3     receive notice of the proposed amendment.

 5-4           (d)  Notice under Subsection (c) must include:

 5-5                 (1)  the name of the license holder;

 5-6                 (2)  a description of the license; and

 5-7                 (3)  a short and plain statement of the proposed

 5-8     amendment's substance.

 5-9           (e)  The commission shall hold a hearing on the amendment if

5-10     an affected person files a written complaint with the commission

5-11     not later than the 30th day after the date on which notice is

5-12     published under Subsection (c).  The commission shall give notice

5-13     of the hearing under Section 401.114, Health and Safety Code.

5-14           (f)  Sections 401.107 and 401.118, Health and Safety Code,

5-15     apply to an application to modify a license.

5-16           SECTION 2.  Section 26.028, Water Code, is amended to read as

5-17     follows:

5-18           Sec. 26.028.  ACTION ON APPLICATION.  (a)  Except as provided

5-19     in Section 5.404(d) and Subsection [Subsections] (b) [and (c)] of

5-20     this section, notice shall be given to the persons who in the

5-21     judgment of the commission may be affected by an application for a

5-22     permit, permit amendment, or renewal of a permit.  For any

5-23     application involving an average daily discharge of five million

5-24     gallons or more, the notice shall be given not later than 20 days

5-25     before the date on which the commission acts on the application, to

5-26     each county judge in the county or counties located within 100

5-27     statute miles of the point of discharge who have requested in

 6-1     writing that the commission give that notice and through which

 6-2     water, into or adjacent to which waste or pollutants are to be

 6-3     discharged under the permit, flows after the discharge.  The

 6-4     commission, on the motion of a commissioner, or on the request of

 6-5     the executive director or any affected person, shall hold a public

 6-6     hearing on the application for a permit, permit amendment, or

 6-7     renewal of a permit.

 6-8           (b)  [An application to amend a permit to improve the quality

 6-9     of waste authorized to be discharged may be set for consideration

6-10     and may be acted on by the commission at a regular meeting without

6-11     the necessity of holding a public hearing if the applicant does not

6-12     seek to increase significantly the quantity of waste authorized to

6-13     be discharged or change materially the pattern or place of

6-14     discharge.  Notice of the application shall be mailed to the mayor

6-15     and health authorities for the city or town, and the county judge

6-16     and health authorities for the county, in which the waste is or

6-17     will be discharged, at least 10 days before the commission meeting,

6-18     and they may present information to the commission on the

6-19     application.]

6-20           [(c)]  An application to renew a permit for a confined animal

6-21     feeding operation which was issued between July 1, 1974, and

6-22     December 31, 1977, may be set for consideration and may be acted on

6-23     by the commission at a regular meeting without the necessity of

6-24     holding a public hearing if the applicant does not seek to

6-25     discharge into or adjacent to water in the state and does not seek

6-26     to change materially the pattern or place of disposal.

6-27           (c) [(d)]  For the purposes of Subsection (a), the commission

 7-1     may act on the application without holding a public hearing if all

 7-2     of the following conditions are met:

 7-3                 (1)  not less than 30 days before the date of action on

 7-4     the application by the commission, the applicant has published the

 7-5     commission's notice of the application at least once in a newspaper

 7-6     regularly published or circulated within each county where the

 7-7     proposed facility or discharge is located and in each county

 7-8     affected by the discharge;

 7-9                 (2)  not less than 30 days before the date of action on

7-10     the application by the commission, the applicant has served or

7-11     mailed the commission's notice of the application to persons who in

7-12     the judgment of the commission may be affected, including the

7-13     county judges as required by Subsection (a) of this section.  As

7-14     part of his application the applicant shall submit an affidavit

7-15     which lists the names and addresses of the persons who may be

7-16     affected by the application and includes the source of the list;

7-17                 (3)  within 30 days after the date of the newspaper

7-18     publication of the commission's notice, neither a commissioner, the

7-19     executive director, nor an affected person who objects to the

7-20     application has requested a public hearing.

7-21           SECTION 3.  Sections 382.0511(e) and 401.116, Health and

7-22     Safety Code, are repealed.

7-23           SECTION 4.  This Act takes effect September 1, 1997.

7-24           SECTION 5.  The importance of this legislation and the

7-25     crowded condition of the calendars in both houses create an

7-26     emergency and an imperative public necessity that the

7-27     constitutional rule requiring bills to be read on three several

 8-1     days in each house be suspended, and this rule is hereby suspended.