By: Lucio S.B. No. 866
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the transfer of permits, registrations, or other
1-2 authorizations issued by the Texas Natural Resource Conservation
1-3 Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5.001, Water Code, is amended by adding
1-6 Subdivisions (4) and (5) to read as follows:
1-7 (4) "Change of ownership" includes:
1-8 (A) a merger;
1-9 (B) a stock transfer that results in a
1-10 controlling interest in an entity that is the subject of a permit,
1-11 registration, or other authorization issued by the commission;
1-12 (C) an asset purchase that results in a change
1-13 in the operational control of an entity that is the subject of a
1-14 permit, registration, or other authorization issued by the
1-15 commission; or
1-16 (D) a change in federal tax identification
1-17 number.
1-18 (5) "Transfer" includes:
1-19 (A) the assignment of a permit from one person
1-20 to another; or
1-21 (B) a change of ownership or control.
1-22 SECTION 2. Subchapter F, Chapter 5, Water Code, is amended
1-23 by adding Section 5.239 to read as follows:
2-1 Sec. 5.239. TRANSFER OF PERMIT. (a) Except as provided by
2-2 Subsection (b), a permit may be transferred if the person seeking
2-3 the permit transfer:
2-4 (1) complies with commission rules relating to permit
2-5 transfer;
2-6 (2) gives prior written notice to the commission;
2-7 (3) obtains approval from the commission; and
2-8 (4) obtains prior written approval from the commission
2-9 if:
2-10 (A) the permit is a permit issued by the
2-11 commission under Chapter 27 of this code or Chapter 361 or 401,
2-12 Health and Safety Code; or
2-13 (B) the transferee does not hold another permit
2-14 from the commission.
2-15 (b) A permit issued under Chapter 11 may be transferred by
2-16 the commission according to that chapter and commission rules
2-17 adopted under that chapter.
2-18 (c) The commission shall adopt rules to implement this
2-19 section.
2-20 (d) In this section, "permit" includes a registration or
2-21 other authorization issued by the commission.
2-22 SECTION 3. Subsection (c), Section 361.086, Health and
2-23 Safety Code, is amended to read as follows:
2-24 (c) A permit may [not] be transferred as provided by Section
2-25 5.239, Water Code [without first giving written notice to and
3-1 receiving written approval of the agency that issued the permit].
3-2 SECTION 4. Subsection (h), Section 361.112, Health and
3-3 Safety Code, is amended to read as follows:
3-4 (h) The commission may amend, extend, [transfer,] or renew a
3-5 permit issued under this section as provided by this chapter and
3-6 commission rule. A permit may be transferred as provided by
3-7 Section 5.239, Water Code.
3-8 SECTION 5. Subchapter B, Chapter 371, Health and Safety
3-9 Code, is amended by adding Section 371.0261 to read as follows:
3-10 Sec. 371.0261. TRANSFER OF REGISTRATION. A registration may
3-11 be transferred as provided by Section 5.239, Water Code.
3-12 SECTION 6. Section 382.051, Health and Safety Code, is
3-13 amended to read as follows:
3-14 Sec. 382.051. PERMITTING AUTHORITY OF COMMISSION; RULES;
3-15 TRANSFER OF PERMIT. (a) The commission may issue a permit:
3-16 (1) to construct a new facility or modify an existing
3-17 facility that may emit air contaminants; or
3-18 (2) to operate a federal source.
3-19 (b) To assist in fulfilling its authorization provided by
3-20 Subsection (a), the commission may issue:
3-21 (1) special permits for certain facilities;
3-22 (2) a general permit developed by rule for numerous
3-23 similar sources subject to Section 382.054;
3-24 (3) a standard permit developed by rule for numerous
3-25 similar facilities subject to Section 382.0518;
4-1 (4) a single federal operating permit or
4-2 preconstruction permit for multiple federal sources or facilities
4-3 located at the same site; or
4-4 (5) other permits as necessary.
4-5 (c) The commission may issue a federal operating permit for
4-6 a federal source in violation only if the operating permit
4-7 incorporates a compliance plan for the federal source as a
4-8 condition of the permit.
4-9 (d) The commission shall adopt rules as necessary to comply
4-10 with changes in federal law or regulations applicable to permits
4-11 issued under this chapter.
4-12 (e) A permit may be transferred as provided by Section
4-13 5.239, Water Code.
4-14 SECTION 7. Section 401.110, Health and Safety Code, is
4-15 amended to read as follows:
4-16 Sec. 401.110. DETERMINATION ON LICENSE. In making a
4-17 determination whether to grant, deny, amend, revoke, suspend, [or]
4-18 restrict, or assign a license or registration, the department or
4-19 commission may consider those aspects of an applicant's or license
4-20 holder's background that bear materially on the ability to fulfill
4-21 the obligations of licensure, including technical competence and
4-22 the applicant's or license holder's record in areas involving
4-23 radiation.
4-24 SECTION 8. Section 401.119, Health and Safety Code, is
4-25 amended to read as follows:
5-1 Sec. 401.119. LICENSE OR REGISTRATION TRANSFER. A license
5-2 or registration issued by the department or commission may be
5-3 assigned only to a person qualified under rules of the issuing
5-4 agency.
5-5 SECTION 9. Section 13.251, Water Code, is amended to read as
5-6 follows:
5-7 Sec. 13.251. SALE, ASSIGNMENT, OR LEASE OF CERTIFICATE.
5-8 Except as provided by Section 13.255 of this code, a utility or a
5-9 water supply or sewer service corporation may not sell, assign, or
5-10 lease a certificate of public convenience and necessity or any
5-11 right obtained under a certificate unless the commission has
5-12 determined that the purchaser, assignee, or lessee is capable of
5-13 rendering adequate and continuous service to every consumer within
5-14 the certified area, after considering the factors under Section
5-15 13.246(c) of this code. The sale, assignment, or lease shall be in
5-16 accordance with Section 5.239 of this code and on the conditions
5-17 prescribed by the commission.
5-18 SECTION 10. This Act takes effect September 1, 1997, and
5-19 applies only to an application to transfer a permit, registration,
5-20 or other authorization issued by the Texas Natural Resource
5-21 Conservation Commission that is submitted to the commission on or
5-22 after that date.
5-23 SECTION 11. The importance of this legislation and the
5-24 crowded condition of the calendars in both houses create an
5-25 emergency and an imperative public necessity that the
6-1 constitutional rule requiring bills to be read on three several
6-2 days in each house be suspended, and this rule is hereby suspended.