1-1 By: Lucio S.B. No. 866
1-2 (In the Senate - Filed February 28, 1997; March 5, 1997, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 29, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; April 29, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 866 By: Ogden
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the transfer of permits, registrations, or other
1-11 authorizations issued by the Texas Natural Resource Conservation
1-12 Commission.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 5.001, Water Code, is amended by adding
1-15 Subdivisions (4) and (5) to read as follows:
1-16 (4) "Change of ownership" includes:
1-17 (A) a merger;
1-18 (B) a stock transfer that results in a
1-19 controlling interest in an entity that is the subject of a permit,
1-20 registration, or other authorization issued by the commission;
1-21 (C) an asset purchase that results in a change
1-22 in the operational control of an entity that is the subject of a
1-23 permit, registration, or other authorization issued by the
1-24 commission; or
1-25 (D) a change in federal tax identification
1-26 number.
1-27 (5) "Transfer" includes:
1-28 (A) the assignment of a permit from one person
1-29 to another; or
1-30 (B) a change of ownership or control.
1-31 SECTION 2. Subchapter F, Chapter 5, Water Code, is amended
1-32 by adding Section 5.239 to read as follows:
1-33 Sec. 5.239. TRANSFER OF PERMIT. (a) Except as provided by
1-34 Subsection (b), a permit may be transferred if the person seeking
1-35 the permit transfer:
1-36 (1) complies with commission rules relating to permit
1-37 transfer;
1-38 (2) gives prior written notice to the commission;
1-39 (3) obtains approval from the commission; and
1-40 (4) obtains prior written approval from the commission
1-41 if:
1-42 (A) the permit is a permit issued by the
1-43 commission under Chapter 27 of this code or Chapter 361 or 401,
1-44 Health and Safety Code; or
1-45 (B) the transferee does not hold another permit
1-46 from the commission.
1-47 (b) A permit issued under Chapter 11 may be transferred by
1-48 the commission according to that chapter and commission rules
1-49 adopted under that chapter.
1-50 (c) The commission shall adopt rules to implement this
1-51 section.
1-52 (d) In this section, "permit" includes a registration or
1-53 other authorization issued by the commission.
1-54 SECTION 3. Subsection (c), Section 361.086, Health and
1-55 Safety Code, is amended to read as follows:
1-56 (c) A permit may [not] be transferred as provided by Section
1-57 5.239, Water Code [without first giving written notice to and
1-58 receiving written approval of the agency that issued the permit].
1-59 SECTION 4. Subsection (h), Section 361.112, Health and
1-60 Safety Code, is amended to read as follows:
1-61 (h) The commission may amend, extend, [transfer,] or renew a
1-62 permit issued under this section as provided by this chapter and
1-63 commission rule. A permit may be transferred as provided by
1-64 Section 5.239, Water Code.
2-1 SECTION 5. Subchapter B, Chapter 371, Health and Safety
2-2 Code, is amended by adding Section 371.0261 to read as follows:
2-3 Sec. 371.0261. TRANSFER OF REGISTRATION. A registration may
2-4 be transferred as provided by Section 5.239, Water Code.
2-5 SECTION 6. Section 382.051, Health and Safety Code, is
2-6 amended to read as follows:
2-7 Sec. 382.051. PERMITTING AUTHORITY OF COMMISSION; RULES;
2-8 TRANSFER OF PERMIT. (a) The commission may issue a permit:
2-9 (1) to construct a new facility or modify an existing
2-10 facility that may emit air contaminants; or
2-11 (2) to operate a federal source.
2-12 (b) To assist in fulfilling its authorization provided by
2-13 Subsection (a), the commission may issue:
2-14 (1) special permits for certain facilities;
2-15 (2) a general permit developed by rule for numerous
2-16 similar sources subject to Section 382.054;
2-17 (3) a standard permit developed by rule for numerous
2-18 similar facilities subject to Section 382.0518;
2-19 (4) a single federal operating permit or
2-20 preconstruction permit for multiple federal sources or facilities
2-21 located at the same site; or
2-22 (5) other permits as necessary.
2-23 (c) The commission may issue a federal operating permit for
2-24 a federal source in violation only if the operating permit
2-25 incorporates a compliance plan for the federal source as a
2-26 condition of the permit.
2-27 (d) The commission shall adopt rules as necessary to comply
2-28 with changes in federal law or regulations applicable to permits
2-29 issued under this chapter.
2-30 (e) A permit may be transferred as provided by Section
2-31 5.239, Water Code.
2-32 SECTION 7. Section 401.110, Health and Safety Code, is
2-33 amended to read as follows:
2-34 Sec. 401.110. DETERMINATION ON LICENSE. In making a
2-35 determination whether to grant, deny, amend, revoke, suspend, [or]
2-36 restrict, or assign a license or registration, the department or
2-37 commission may consider those aspects of an applicant's or license
2-38 holder's background that bear materially on the ability to fulfill
2-39 the obligations of licensure, including technical competence and
2-40 the applicant's or license holder's record in areas involving
2-41 radiation.
2-42 SECTION 8. Section 401.119, Health and Safety Code, is
2-43 amended to read as follows:
2-44 Sec. 401.119. LICENSE OR REGISTRATION TRANSFER. A license
2-45 or registration issued by the department or commission may be
2-46 assigned only to a person qualified under rules of the issuing
2-47 agency.
2-48 SECTION 9. Section 13.251, Water Code, is amended to read as
2-49 follows:
2-50 Sec. 13.251. SALE, ASSIGNMENT, OR LEASE OF CERTIFICATE.
2-51 Except as provided by Section 13.255 of this code, a utility or a
2-52 water supply or sewer service corporation may not sell, assign, or
2-53 lease a certificate of public convenience and necessity or any
2-54 right obtained under a certificate unless the commission has
2-55 determined that the purchaser, assignee, or lessee is capable of
2-56 rendering adequate and continuous service to every consumer within
2-57 the certified area, after considering the factors under Section
2-58 13.246(c) of this code. The sale, assignment, or lease shall be in
2-59 accordance with Section 5.239 of this code and on the conditions
2-60 prescribed by the commission.
2-61 SECTION 10. This Act takes effect September 1, 1997, and
2-62 applies only to an application to transfer a permit, registration,
2-63 or other authorization issued by the Texas Natural Resource
2-64 Conservation Commission that is submitted to the commission on or
2-65 after that date.
2-66 SECTION 11. The importance of this legislation and the
2-67 crowded condition of the calendars in both houses create an
2-68 emergency and an imperative public necessity that the
2-69 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.
3-2 * * * * *