By: Bivins, Truan S.B. No. 1495
A BILL TO BE ENTITLED
AN ACT
1-1 relating to notices required to be given in certain proceedings
1-2 conducted by the Texas Natural Resource Conservation Commission.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 5, Water Code, is amended by adding
1-5 Subchapter J to read as follows:
1-6 SUBCHAPTER J. NOTICE REQUIREMENTS
1-7 Sec. 5.401. APPLICABILITY. (a) The notice provisions of
1-8 this subchapter apply only to:
1-9 (1) permits issued by the commission under:
1-10 (A) Chapters 11, 26, 27, and 28;
1-11 (B) Chapters 361 and 401, Health and Safety
1-12 Code; and
1-13 (C) Sections 382.0518, 382.055, and 382.058,
1-14 Health and Safety Code; and
1-15 (2) public meetings conducted by the commission under
1-16 Chapter 361, Health and Safety Code.
1-17 (b) Unless otherwise provided by commission rules, this
1-18 subchapter does not apply to permits granted by rule adopted under
1-19 Chapter 382, Health and Safety Code.
1-20 Sec. 5.402. MINIMUM REQUIREMENTS. (a) The notice
1-21 requirements imposed by this subchapter are minimum requirements.
1-22 (b) The commission:
1-23 (1) shall adopt rules consistent with this subchapter;
2-1 and
2-2 (2) may adopt rules imposing additional requirements.
2-3 Sec. 5.403. SUBSTANTIAL COMPLIANCE. (a) The commission may
2-4 exercise jurisdiction over an application if the applicant
2-5 substantially complies with this subchapter.
2-6 (b) The inadvertent failure of the commission to mail a
2-7 notice under Section 5.408 to a navigation district that is not a
2-8 claimant or appropriator of water does not prevent the commission
2-9 from considering an application.
2-10 Sec. 5.404. NOTICE OF INTENT TO OBTAIN SOLID WASTE PERMIT.
2-11 (a) An applicant for a permit for a municipal solid waste facility
2-12 under Chapter 361, Health and Safety Code, must publish notice of
2-13 intent to obtain the permit in a newspaper.
2-14 (b) The commission shall publish notice of intent to obtain
2-15 a permit described by Subsection (a) in the Texas Register.
2-16 Sec. 5.405. NOTICE TO SENATOR AND REPRESENTATIVE. The
2-17 commission must mail notice that the commission has received an
2-18 application for, or notice of intent to file an application for, a
2-19 permit under Chapter 361, Health and Safety Code, or Section
2-20 382.0518 or 382.055, Health and Safety Code, to the state senator
2-21 and representative who represent the area in which the facility is
2-22 or will be located.
2-23 Sec. 5.406. NOTICE OF RECEIPT OF ADMINISTRATIVELY COMPLETE
2-24 APPLICATION. (a) Notice of receipt of an administratively
2-25 complete application for a permit or a license must be given to
3-1 each person who may be affected by the granting of the permit or
3-2 license.
3-3 (b) In addition to the notice required by Subsection (a),
3-4 notice of receipt of the application must be published in the Texas
3-5 Register if the application is for an amendment to a license to
3-6 dispose of radioactive waste from other persons within the
3-7 commission's jurisdiction under Chapter 401, Health and Safety
3-8 Code.
3-9 (c) The commission must give notice of receipt of an
3-10 administratively complete application for a permit under Section
3-11 382.0518 or 382.055, Health and Safety Code, to:
3-12 (1) the applicant; and
3-13 (2) any interested party who has requested
3-14 notification.
3-15 (d) Notwithstanding Subsection (c)(2), if the number of
3-16 interested parties who have requested the notice makes it
3-17 impractical to notify those parties by mail, the commission must
3-18 publish the notice in a newspaper.
3-19 (e) The commission must mail notice of an application for a
3-20 formal action by the commission that will affect lands dedicated to
3-21 the permanent school fund when the application is administratively
3-22 complete, as provided by Section 5.413(c).
3-23 Sec. 5.407. NOTICE OF PUBLIC MEETING FOR SOLID WASTE PERMIT.
3-24 An applicant must publish in a newspaper notice of a public meeting
3-25 that is required under Section 361.0791(a) or (b), Health and
4-1 Safety Code.
4-2 Sec. 5.408. NOTICE OF APPLICATION AND OPPORTUNITY TO REQUEST
4-3 A HEARING. (a) Except as provided by Subsection (c), notice of
4-4 application and opportunity to request a hearing must be given by:
4-5 (1) mail; and
4-6 (2) publication in a newspaper.
4-7 (b) If the application is for an amendment to a license to
4-8 dispose of radioactive waste from other persons within the
4-9 commission's jurisdiction under Chapter 401, Health and Safety
4-10 Code, notice of application and opportunity to request a hearing
4-11 must also be given by publication in the Texas Register.
4-12 (c) An applicant for a permit under Section 382.0518 or
4-13 382.058, Health and Safety Code, or a permit renewal review under
4-14 Section 382.055, Health and Safety Code, must:
4-15 (1) publish notice of application and opportunity to
4-16 request a hearing in a newspaper;
4-17 (2) post a sign at the site of the facility or
4-18 proposed facility that:
4-19 (A) declares the filing of the application for a
4-20 permit or permit review for the facility or proposed facility; and
4-21 (B) states the manner in which the commission
4-22 may be contacted for further information;
4-23 (3) mail notice of the application and opportunity to
4-24 request a hearing to:
4-25 (A) a person who makes a written request for
5-1 notice, as prescribed by commission rules; and
5-2 (B) any other person to whom the commission by
5-3 rule requires that notice be mailed; and
5-4 (4) comply with Section 5.416.
5-5 (d) The commission shall adopt rules as necessary to
5-6 administer this section.
5-7 Sec. 5.409. NOTICE OF HEARING. (a) Notice of a hearing
5-8 must be given by:
5-9 (1) mail; and
5-10 (2) publication in a newspaper.
5-11 (b) Notice of a hearing under Section 401.114, Health and
5-12 Safety Code, must also be given in the manner provided by Chapter
5-13 313, Government Code.
5-14 (c) Notice of a hearing on an application for a permit under
5-15 Section 382.0518, 382.055, or 382.058, Health and Safety Code, must
5-16 be mailed only to:
5-17 (1) a person who makes a written request for notice,
5-18 as prescribed by commission rules; and
5-19 (2) any other person to whom the commission by rule
5-20 requires that notice be mailed.
5-21 Sec. 5.410. TIMING OF NOTICE. (a) The commission by rule
5-22 may prescribe when notice of intent to obtain a permit under
5-23 Section 5.404 must be published.
5-24 (b) Notice to the senator and representative under Section
5-25 5.405 must be mailed on receipt of an application.
6-1 (c) Notice of receipt of an administratively complete
6-2 application under Section 5.406 must be given when the application
6-3 is administratively complete.
6-4 (d) Notice of a public meeting for a permit under Section
6-5 5.407 must be published not less than once each week during the
6-6 three weeks preceding a public meeting on a new solid waste
6-7 facility.
6-8 (e) Notice of application and opportunity to request a
6-9 hearing under Section 5.408(a) or (b) must be given not later than
6-10 the 30th day before the date the commission acts on the
6-11 application.
6-12 (f) The commission by rule shall prescribe when notice of
6-13 application and opportunity to request a hearing under Section
6-14 5.408(c) must be published.
6-15 (g) Notice of a hearing under Section 5.409 must be given
6-16 not later than the 30th day before the date of the hearing, except
6-17 that:
6-18 (1) notice of a hearing under Section 11.176 must be:
6-19 (A) mailed under Section 5.413(d) not later than
6-20 the 45th day before the date of the hearing; and
6-21 (B) published in a newspaper once each week for
6-22 two consecutive weeks not later than the 30th day before the date
6-23 of the hearing;
6-24 (2) notice of a commission meeting under Section
6-25 26.028(b) must be mailed not later than the 10th day before the
7-1 date of the meeting;
7-2 (3) notice of a public meeting on a solid waste
7-3 facility under Chapter 361, Health and Safety Code, must be
7-4 published not less than once each week during the three weeks
7-5 preceding the meeting; and
7-6 (4) notice of a hearing on a new solid waste
7-7 management facility under Chapter 361, Health and Safety Code, must
7-8 be mailed not later than the 45th day and not earlier than the 30th
7-9 day before the date of the hearing.
7-10 (h) The commission by rule shall prescribe when notice under
7-11 Section 5.416 must be published.
7-12 Sec. 5.411. CONTENTS OF NOTICE. (a) A notice must include,
7-13 if applicable:
7-14 (1) the name of the applicant;
7-15 (2) the application number;
7-16 (3) the type of permit or license sought under the
7-17 application;
7-18 (4) the date on which the application was submitted;
7-19 (5) a brief summary of the information included in the
7-20 application;
7-21 (6) a description of the location or proposed location
7-22 of the facility, discharge point, or point of diversion to which
7-23 the application relates;
7-24 (7) a description of the manner in which the
7-25 commission may be contacted for further information;
8-1 (8) the date, time, and location at which the
8-2 commission will consider the application; and
8-3 (9) any other information the commission by rule
8-4 requires.
8-5 (b) In addition to including the information required by
8-6 Subsection (a), a notice to the School Land Board must:
8-7 (1) state the location of the permanent school fund
8-8 land to be affected; and
8-9 (2) describe any foreseeable impact or effect the
8-10 commission's action may have on the land.
8-11 (c) In addition to including the information required by
8-12 Subsection (a), a notice under Section 5.408 must state that:
8-13 (1) a person who may be affected by the facility,
8-14 proposed facility, or point of diversion to which the application
8-15 relates may request a hearing; and
8-16 (2) an environmental assessment is available, if an
8-17 environmental assessment has been prepared under Chapter 401,
8-18 Health and Safety Code.
8-19 (d) In addition to including the information required by
8-20 Subsection (a), a notice of a public meeting under Section 5.407 or
8-21 of a hearing under Section 5.409 must include:
8-22 (1) the date, time, and place of the meeting or
8-23 hearing;
8-24 (2) a brief description of the purpose of the meeting
8-25 or hearing; and
9-1 (3) the location and availability of copies of the
9-2 application.
9-3 (e) In addition to including the information required by
9-4 Subsection (a), a notice of intent to obtain a solid waste permit
9-5 under Section 5.404 must include a statement that a person who may
9-6 be affected by the facility or proposed facility may request a
9-7 hearing.
9-8 (f) In addition to including the information required by
9-9 Subsection (a), a notice of application and opportunity to request
9-10 a hearing regarding a permit to appropriate water under Chapter 11
9-11 must include:
9-12 (1) the purpose and extent of the proposed
9-13 appropriation of water;
9-14 (2) the source of supply and the place where the water
9-15 is to be stored or taken or diverted from the source of supply; and
9-16 (3) a general description of the location and area of
9-17 the land to be irrigated, if the proposed use is for irrigation.
9-18 (g) Notwithstanding Subsection (a), the commission by rule
9-19 may prescribe the information required to be included on a sign
9-20 required by Section 5.408(c)(2), 5.415, or 5.416.
9-21 Sec. 5.412. PROOF OF NOTICE. (a) An affidavit, or other
9-22 proof of notice approved by the commission, must be provided to the
9-23 commission.
9-24 (b) Before testimony is heard in a contested case, the
9-25 applicant must enter into evidence an affidavit attesting that
10-1 notice was given as required by statute. The affidavit creates a
10-2 rebuttable presumption of proper notice.
10-3 (c) If notice is mailed, the applicant or the commission
10-4 employee responsible for mailing the notice must provide the
10-5 affidavit. The affidavit must:
10-6 (1) list the names and addresses to which the notice
10-7 was mailed;
10-8 (2) list the sources from which the list was created;
10-9 (3) specify the date of mailing; and
10-10 (4) be accompanied by:
10-11 (A) a printed copy of the notice; and
10-12 (B) a copy of the mailing list.
10-13 (d) If notice is published in a newspaper, the applicant
10-14 must provide an affidavit of the newspaper publisher. The
10-15 affidavit must:
10-16 (1) certify that notice was published in the
10-17 newspaper;
10-18 (2) state the circulation of the newspaper and the
10-19 date of publication; and
10-20 (3) be accompanied by a printed copy of the
10-21 publication.
10-22 Sec. 5.413. MAILED NOTICE. (a) Unless otherwise provided
10-23 by law, any notice required by this subchapter to be mailed must be
10-24 mailed by first-class mail, postage prepaid, to each person
10-25 provided by Section 5.414 at the person's most recent address shown
11-1 in the records of the commission.
11-2 (b) Any notice that is required to be mailed may be
11-3 delivered by personal service instead. If the person is not an
11-4 individual, the notice may be given to an officer, agent, or other
11-5 legal representative of the person.
11-6 (c) Notice of receipt of an administratively complete
11-7 application for a formal action by the commission that will affect
11-8 lands dedicated to the permanent school fund must be mailed to the
11-9 School Land Board by certified mail, return receipt requested,
11-10 addressed to the deputy commissioner of the asset management
11-11 division of the General Land Office. Delivery is not complete
11-12 until the return receipt is signed by the deputy commissioner of
11-13 the asset management division of the General Land Office and
11-14 returned to the commission.
11-15 (d) The commission must mail by certified mail, return
11-16 receipt requested, notice of a hearing under Section 11.176 to the
11-17 holder of the permit, certified filing, or certificate of
11-18 adjudication being considered.
11-19 (e) The commission must mail by certified mail, return
11-20 receipt requested, notice of a hearing on the grant, renewal, or
11-21 amendment of a license to dispose of radioactive waste from other
11-22 persons within the commission's jurisdiction under Chapter 401,
11-23 Health and Safety Code, to each person who owns property adjacent
11-24 to the proposed site.
11-25 Sec. 5.414. MAILING LIST. (a) Notice that is required by
12-1 this subchapter to be mailed must be mailed to:
12-2 (1) the applicant;
12-3 (2) any person who makes a written request for notice,
12-4 in accordance with commission rules;
12-5 (3) any person the commission by rule determines may
12-6 be affected; and
12-7 (4) any other person to whom the commission by rule
12-8 requires that notice be mailed.
12-9 (b) In addition to the persons described by Subsection (a),
12-10 notice of application and opportunity to request a hearing
12-11 regarding a permit to appropriate water under Subchapter D, Chapter
12-12 11, must be mailed to:
12-13 (1) each claimant or appropriator of water from the
12-14 source of water supply, the record of whose claim or appropriation
12-15 has been filed with the commission; and
12-16 (2) each navigation district in the river basin
12-17 concerned.
12-18 (c) In addition to the persons described by Subsection (a),
12-19 notice of a permit under Chapter 26 must be mailed to:
12-20 (1) the mayor and health authorities of the
12-21 municipality and the county judge and health authorities of the
12-22 county in which the facility or discharge point is or will be
12-23 located; and
12-24 (2) any other local government to whom the commission
12-25 by rule requires that notice be mailed.
13-1 (d) In addition to the persons described by Subsection (a),
13-2 notice of application and opportunity to request a hearing and
13-3 notice of a hearing regarding the use of water from a dam or
13-4 reservoir for purposes other than domestic or livestock use under
13-5 Subchapter D, Chapter 11, must be mailed to each person whose:
13-6 (1) claim or appropriation has been filed with the
13-7 commission; and
13-8 (2) diversion point is downstream from that described
13-9 by the application.
13-10 (e) In addition to the persons described by Subsection (a),
13-11 notice of application and opportunity to request a hearing under
13-12 Chapter 27 must be mailed to local governments, as defined by
13-13 Section 26.001.
13-14 (f) In addition to the persons described by Subsection (a),
13-15 notice of a hearing under Chapter 28 must be given to local
13-16 governments.
13-17 (g) In addition to the persons described by Subsection (a),
13-18 notice of a hearing under Section 11.176 must be mailed to each
13-19 holder of a permit, certified filing, certificate of adjudication,
13-20 or claim of unadjudicated water rights who has filed a statement
13-21 under Section 11.303 in the same watershed.
13-22 (h) In addition to the persons described by Subsection (a),
13-23 an applicant shall mail notice of a hearing on a new solid waste
13-24 management facility to each residential or business address located
13-25 within one-half mile of the facility and to each owner of real
14-1 property located within one-half mile of the facility as listed in
14-2 the appraisal records of the appraisal district in which the
14-3 facility is to be located as of the date the commission determines
14-4 the application to be technically complete.
14-5 Sec. 5.415. NEWSPAPER PUBLICATION; SIGN POSTING.
14-6 (a) Notice that is required by this subchapter to be published in
14-7 a newspaper must be published in the manner provided by this
14-8 section.
14-9 (b) If the facility, discharge point, or point of diversion
14-10 is located or proposed to be located in a municipality or the
14-11 extraterritorial jurisdiction of a municipality, the notice must be
14-12 published in:
14-13 (1) the newspaper of largest general circulation in
14-14 the municipality; or
14-15 (2) a newspaper of general circulation in the
14-16 municipality, and the applicant must post a sign at the site or
14-17 proposed site of the facility, discharge point, or point of
14-18 diversion declaring the filing of the application and stating the
14-19 manner in which the commission may be contacted for further
14-20 information.
14-21 (c) If the facility, discharge point, or point of diversion
14-22 is not located in a municipality or the extraterritorial
14-23 jurisdiction of a municipality:
14-24 (1) the applicant must post a sign at the site or
14-25 proposed site of the facility, discharge point, or point of
15-1 diversion declaring the filing of the application and stating the
15-2 manner in which the commission may be contacted for further
15-3 information; and
15-4 (2) notice must be published in:
15-5 (A) a newspaper of general circulation that is
15-6 published in the county in which the facility, discharge point, or
15-7 point of diversion is located or proposed to be located; or
15-8 (B) a newspaper of general circulation in the
15-9 county, if a newspaper is not published in the county.
15-10 (d) Published notice of a public meeting on an application
15-11 for a permit for a new solid waste management facility or for a
15-12 Class 3 modification or a major amendment to a permit for an
15-13 existing hazardous waste facility may not be smaller than 96.8
15-14 square centimeters or 15 square inches, with the shortest dimension
15-15 at least 7.6 centimeters or three inches.
15-16 (e) In addition to the notice required by Subsection (b) or
15-17 (c), as applicable, notice of a hearing on the granting or renewal
15-18 of a license to dispose of radioactive waste from other persons,
15-19 within the commission's jurisdiction under Chapter 401, Health and
15-20 Safety Code, must be published in the manner provided by Chapter
15-21 313, Government Code, in the county in which the facility is or
15-22 will be located.
15-23 (f) Notwithstanding Subsection (b), an applicant for a
15-24 permit under Section 382.0518 or 382.058, Health and Safety Code,
15-25 or a permit renewal review under Section 382.055, Health and Safety
16-1 Code, must post a sign at the site of the facility or proposed
16-2 facility as provided by Section 5.408(c).
16-3 (g) The commission shall adopt any rule necessary to
16-4 implement this section.
16-5 Sec. 5.416. BILINGUAL NEWSPAPER PUBLICATION. (a) This
16-6 section applies only to an application for a permit under Section
16-7 382.0518 or 382.058, Health and Safety Code, or a permit renewal
16-8 review under Section 382.055, Health and Safety Code.
16-9 (b) If the elementary or middle school nearest a facility or
16-10 proposed facility provides a bilingual education program as
16-11 required by Subchapter B, Chapter 29, Education Code, and students
16-12 in the elementary or middle school nearest the facility are
16-13 enrolled in the program, the applicant, in addition to publishing
16-14 notice of application and opportunity to request a hearing under
16-15 Section 5.415, shall publish notice at least once in an additional
16-16 publication of general circulation in the municipality or county in
16-17 which the facility is located or proposed to be located that is
16-18 published in the language taught in the bilingual education
16-19 program.
16-20 (c) The commission by rule may require publication of
16-21 additional notice.
16-22 (d) Subsection (b) does not apply if:
16-23 (1) a publication described by that subsection does
16-24 not exist; or
16-25 (2) the publisher refuses to publish the notice.
17-1 (e) Notice required to be published under this section is
17-2 only required to be published in the United States.
17-3 (f) An applicant who is required to publish notice under
17-4 this section must post a sign at the facility or proposed facility
17-5 as provided by Section 5.408(c)(2).
17-6 SECTION 2. Subsections (b) through (g), Section 5.115, Water
17-7 Code, are amended to read as follows:
17-8 (b) [At the time an application for a permit or license
17-9 under this code is filed with the executive director and is
17-10 administratively complete, the commission shall give notice of the
17-11 application to any person who may be affected by the granting of
17-12 the permit or license.]
17-13 [(c) At the time an application for any formal action by the
17-14 commission that will affect lands dedicated to the permanent school
17-15 fund is filed with the executive director or the commission and is
17-16 administratively complete, the commission shall give notice of the
17-17 application to the School Land Board. Notice shall be delivered by
17-18 certified mail, return receipt requested, addressed to the deputy
17-19 commissioner of the asset management division of the General Land
17-20 Office. Delivery is not complete until the return receipt is
17-21 signed by the deputy commissioner of the asset management division
17-22 of the General Land Office and returned to the commission.]
17-23 [(d) The commission shall adopt rules for the notice
17-24 required by this section.]
17-25 [(e) The notice must state:]
18-1 [(1) the identifying number given the application by
18-2 the commission;]
18-3 [(2) the type of permit or license sought under the
18-4 application;]
18-5 [(3) the name and address of the applicant;]
18-6 [(4) the date on which the application was submitted;
18-7 and]
18-8 [(5) a brief summary of the information included in
18-9 the permit application.]
18-10 [(f) The notice to the School Land Board under this section
18-11 shall additionally:]
18-12 [(1) state the location of the permanent school fund
18-13 land to be affected; and]
18-14 [(2) describe any foreseeable impact or effect of the
18-15 commission's action on permanent school fund land.]
18-16 [(g)] A formal action or ruling by the commission on an
18-17 application affecting permanent school fund land that is made
18-18 without the notice required by Subchapter J [this section] is
18-19 voidable by the School Land Board as to any permanent school fund
18-20 lands affected by the action or ruling.
18-21 SECTION 3. Subsection (b), Section 11.085, Water Code, is
18-22 amended to read as follows:
18-23 (b) No person may transfer water from one watershed to
18-24 another without first applying for and receiving a permit from the
18-25 commission to do so. Before issuing such a permit, the commission
19-1 shall hold a hearing to determine the rights that might be affected
19-2 by the transfer. The commission shall give notice and hold the
19-3 hearing in the manner prescribed by Subchapter J, Chapter 5, and
19-4 the commission's [its] procedural rules.
19-5 SECTION 4. Section 11.132, Water Code, is amended to read as
19-6 follows:
19-7 Sec. 11.132. NOTICE. (a) Notice shall be given as required
19-8 by Subchapter J, Chapter 5, and commission rules [to the persons
19-9 who in the judgment of the commission may be affected by an
19-10 application, including those persons listed in Subdivision (2),
19-11 Subsection (d), of this section]. The commission, on the motion of
19-12 a commissioner or on the request of the executive director or any
19-13 affected person, shall hold a public hearing on the application.
19-14 (b) [If the proposed use is for irrigation, the commission
19-15 shall include in the notice a general description of the location
19-16 and area of the land to be irrigated.]
19-17 [(c) In the notice, the commission shall:]
19-18 [(1) state the name and address of the applicant;]
19-19 [(2) state the date the application was filed;]
19-20 [(3) state the purpose and extent of the proposed
19-21 appropriation of water;]
19-22 [(4) identify the source of supply and the place where
19-23 the water is to be stored or taken or diverted from the source of
19-24 supply;]
19-25 [(5) specify the time and location where the
20-1 commission will consider the application; and]
20-2 [(6) give any additional information the commission
20-3 considers necessary.]
20-4 [(d)] The commission may act on the application without
20-5 holding a public hearing if:
20-6 (1) notice is given as required by Subchapter J,
20-7 Chapter 5 [not less than 30 days before the date of action on the
20-8 application by the commission, the applicant has published the
20-9 commission's notice of the application at least once in a newspaper
20-10 regularly published or circulated within the section of the state
20-11 where the source of water is located]; and
20-12 (2) a timely hearing request is not received [not less
20-13 than 30 days before the date of action on the application by the
20-14 commission, the commission mails a copy of the notice by
20-15 first-class mail, postage prepaid, to:]
20-16 [(A) each claimant or appropriator of water from
20-17 the source of water supply, the record of whose claim or
20-18 appropriation has been filed with the commission; and]
20-19 [(B) all navigation districts within the river
20-20 basin concerned; and]
20-21 [(3) within 30 days after the date of the newspaper
20-22 publication of the commission's notice, a public hearing has not
20-23 been requested in writing by a commissioner, the executive
20-24 director, or an affected person who objects to the application.]
20-25 [(e) The inadvertent failure of the commission to mail a
21-1 notice under Subdivision (2), Subsection (d), of this section to a
21-2 navigation district that is not a claimant or appropriator of water
21-3 does not prevent the commission's consideration of the
21-4 application].
21-5 (c) [(f)] If, on the date specified in the notice prescribed
21-6 by Subsection (b) [(c) of this section], the commission determines
21-7 that a public hearing must be held, the matter shall be remanded
21-8 for hearing without the necessity of issuing further notice other
21-9 than advising all parties of the time and place where the hearing
21-10 is to convene.
21-11 SECTION 5. Subsections (d) through (i), Section 11.143,
21-12 Water Code, are amended to read as follows:
21-13 (d) Except as otherwise specifically provided by this
21-14 subsection, before the commission may approve the application and
21-15 issue the permit, it shall give notice and hold a hearing as
21-16 prescribed by Subchapter J, Chapter 5 [this section]. The
21-17 commission may act on the application without holding a public
21-18 hearing if:
21-19 (1) notice is given as prescribed by Subchapter J,
21-20 Chapter 5 [not less than 30 days before the date of action on the
21-21 application by the commission, the applicant has published the
21-22 commission's notice of the application at least once in a newspaper
21-23 regularly published or circulated within the section of the state
21-24 where the source of water is located]; and
21-25 (2) a timely hearing request is not received [not less
22-1 than 30 days before the date of action on the application by the
22-2 commission, the commission mails a copy of the notice by
22-3 first-class mail, postage prepaid, to each person whose claim or
22-4 appropriation has been filed with the commission and whose
22-5 diversion point is downstream from that described in the
22-6 application; and]
22-7 [(3) within 30 days after the date of the newspaper
22-8 publication of the commission's notice, a public hearing is not
22-9 requested in writing by a commissioner, the executive director, or
22-10 an affected person who objects to the application.]
22-11 [(e) In the notice, the commission shall:]
22-12 [(1) state the name and post-office address of the
22-13 applicant;]
22-14 [(2) state the date the application was filed;]
22-15 [(3) state the purpose and extent of the proposed
22-16 appropriation of water;]
22-17 [(4) identify the source of supply and the place where
22-18 the water is stored; and]
22-19 [(5) specify the time and place of the hearing.]
22-20 [(f) The notice shall be published only once, at least 20
22-21 days before the date stated in the notice for the hearing on the
22-22 application, in a newspaper having general circulation in the
22-23 county where the dam or reservoir is located. At least 15 days
22-24 before the date set for the hearing, the commission shall transmit
22-25 a copy of the notice by first-class mail to each person whose claim
23-1 or appropriation has been filed with the commission and whose
23-2 diversion point is downstream from that described in the
23-3 application].
23-4 (e) [(g)] If on the date specified in the notice prescribed
23-5 by Subsection (d) of this section, the commission determines that a
23-6 public hearing must be held, the matter shall be remanded for
23-7 hearing without the necessity of issuing further notice other than
23-8 advising all parties of the time and place where the hearing is to
23-9 convene.
23-10 (f) [(h)] The applicant shall pay the filing fee prescribed
23-11 by Section 12.111(b) of this code at the time he files the
23-12 application.
23-13 (g) [(i)] The commission shall approve the application and
23-14 issue the permit as applied for in whole or part if it determines
23-15 that:
23-16 (1) there is unappropriated water in the source of
23-17 supply;
23-18 (2) the applicant has met the requirements of this
23-19 section;
23-20 (3) the water is to be used for a beneficial purpose;
23-21 (4) the proposed use is not detrimental to the public
23-22 welfare or to the welfare of the locality; and
23-23 (5) the proposed use will not impair existing water
23-24 rights.
23-25 SECTION 6. Section 11.175, Water Code, is amended to read as
24-1 follows:
24-2 Sec. 11.175. NOTICE OF CANCELLATION HEARING. Notice of the
24-3 cancellation hearing shall be mailed and published in a newspaper
24-4 as required by Subchapter J, Chapter 5, and commission rules.
24-5 [(a) At least 45 days before the date of the hearing, the
24-6 commission shall send notice of the hearing to the holder of the
24-7 permit, certified filing, or certificate of adjudication being
24-8 considered for cancellation in whole or in part. Notice shall be
24-9 sent by certified mail, return receipt requested, to the last
24-10 address shown by the records of the commission. The commission
24-11 shall also send notice by regular mail to all other holders of
24-12 permits, certified filings, certificates of adjudication, and
24-13 claims of unadjudicated water rights filed pursuant to Section
24-14 11.303 of this code in the same watershed.]
24-15 [(b) The commission shall also have the notice of the
24-16 hearing published once a week for two consecutive weeks, at least
24-17 30 days before the date of the hearing, in a newspaper published in
24-18 each county in which diversion of water from the source of supply
24-19 was authorized or proposed to be made and in each county in which
24-20 the water was authorized or proposed to be used, as shown by the
24-21 records of the commission. If in any such county no newspaper is
24-22 published, then the notice may be published in a newspaper having
24-23 general circulation in the county.]
24-24 SECTION 7. Subsections (b) through (e), Section 26.022,
24-25 Water Code, are amended to read as follows:
25-1 (b) Notice of the hearing shall be mailed and published in a
25-2 newspaper as required by Subchapter J, Chapter 5, and commission
25-3 rules [at least once in a newspaper regularly published or
25-4 circulated in each county where, by virtue of the county's
25-5 geographical relation to the subject matter of the hearing, the
25-6 commission has reason to believe persons reside who may be affected
25-7 by the action that may be taken as a result of the hearing. The
25-8 date of the publication shall be not less than 20 days before the
25-9 date set for the hearing.]
25-10 [(c) If notice of the hearing is required by this chapter to
25-11 be given to a person, the notice shall be served personally or
25-12 mailed not less than 20 days before the date set for the hearing to
25-13 the person at his last address known to the commission. If the
25-14 party is not an individual, the notice may be given to any officer,
25-15 agent, or legal representative of the party].
25-16 (c) [(d)] The individual or individuals holding the hearing,
25-17 called the hearing body, shall conduct the hearing at the time and
25-18 place stated in the notice. The hearing body may continue the
25-19 hearing from time to time and from place to place without the
25-20 necessity of publishing, serving, mailing, or otherwise issuing a
25-21 new notice.
25-22 (d) [(e)] If a hearing is continued and a time and place for
25-23 the hearing to reconvene are not publicly announced by the person
25-24 conducting the hearing at the hearing before it is recessed, a
25-25 notice of any further setting of the hearing shall be served
26-1 personally or mailed in the manner prescribed by Subchapter J,
26-2 Chapter 5, [in Subsection (c) of this section] at a reasonable time
26-3 before the new setting, but it is not necessary to publish a
26-4 newspaper notice of the new setting.
26-5 SECTION 8. Subsections (a), (b), and (d), Section 26.028,
26-6 Water Code, are amended to read as follows:
26-7 (a) Notice [Except as provided in Subsections (b) and (c) of
26-8 this section, notice] shall be given as prescribed by Subchapter J,
26-9 Chapter 5 [to the persons who in the judgment of the commission may
26-10 be affected by an application for a permit, permit amendment, or
26-11 renewal of a permit. For any application involving an average
26-12 daily discharge of five million gallons or more, the notice shall
26-13 be given not later than 20 days before the date on which the
26-14 commission acts on the application, to each county judge in the
26-15 county or counties located within 100 statute miles of the point of
26-16 discharge who have requested in writing that the commission give
26-17 that notice and through which water, into or adjacent to which
26-18 waste or pollutants are to be discharged under the permit, flows
26-19 after the discharge]. The commission, on the motion of a
26-20 commissioner, or on the request of the executive director or any
26-21 affected person, shall hold a public hearing on the application for
26-22 a permit, permit amendment, or renewal of a permit.
26-23 (b) An application to amend a permit to improve the quality
26-24 of waste authorized to be discharged may be set for consideration
26-25 and may be acted on by the commission at a regular meeting without
27-1 the necessity of holding a public hearing if the applicant does not
27-2 seek to increase significantly the quantity of waste authorized to
27-3 be discharged or change materially the pattern or place of
27-4 discharge. Notice of the application shall be mailed as prescribed
27-5 by Subchapter J, Chapter 5 [to the mayor and health authorities for
27-6 the city or town, and the county judge and health authorities for
27-7 the county, in which the waste is or will be discharged, at least
27-8 10 days before the commission meeting, and they may present
27-9 information to the commission on the application].
27-10 (d) For the purposes of Subsection (a), the commission may
27-11 act on the application without holding a public hearing if [all of
27-12 the following conditions are met]:
27-13 (1) notice is given as required by Subchapter J,
27-14 Chapter 5 [not less than 30 days before the date of action on the
27-15 application by the commission, the applicant has published the
27-16 commission's notice of the application at least once in a newspaper
27-17 regularly published or circulated within each county where the
27-18 proposed facility or discharge is located and in each county
27-19 affected by the discharge]; and
27-20 (2) a timely hearing request is not received. [not
27-21 less than 30 days before the date of action on the application by
27-22 the commission, the applicant has served or mailed the commission's
27-23 notice of the application to persons who in the judgment of the
27-24 commission may be affected, including the county judges as required
27-25 by Subsection (a) of this section. As part of his application the
28-1 applicant shall submit an affidavit which lists the names and
28-2 addresses of the persons who may be affected by the application and
28-3 includes the source of the list;]
28-4 [(3) within 30 days after the date of the newspaper
28-5 publication of the commission's notice, neither a commissioner, the
28-6 executive director, nor an affected person who objects to the
28-7 application has requested a public hearing.]
28-8 SECTION 9. Subsections (c) and (d), Section 27.018, Water
28-9 Code, are amended to read as follows:
28-10 (c) [Before the commission begins to hear testimony in a
28-11 contested case as defined by Chapter 2001, Government Code,
28-12 evidence must be placed in the record to demonstrate that proper
28-13 notice regarding the hearing was given to affected persons. If
28-14 mailed notice to an affected person is required, the commission or
28-15 other party to the hearing shall place evidence in the record that
28-16 notice was mailed to the address of the affected person included in
28-17 the appropriate county tax rolls at the time of mailing. For the
28-18 purposes of this subsection, the affidavit of the commission
28-19 employee responsible for the mailing of the notice, attesting to
28-20 the fact that notice was mailed to the address included in the tax
28-21 rolls at the time of mailing, shall be prima facie evidence of
28-22 proper mailing. The commission may not proceed with receipt of
28-23 testimony in a contested case until there is compliance with this
28-24 subsection.]
28-25 [(d)] An application for an injection well to dispose of
29-1 hazardous waste shall be subject to the pre-application local
29-2 review process established by Section 361.063, Health and Safety
29-3 Code, and to the requirements of Section 361.0791, Health and
29-4 Safety Code.
29-5 SECTION 10. Subsections (a) and (c), Section 361.079, Health
29-6 and Safety Code, are amended to read as follows:
29-7 (a) Except as provided by Sections 361.080(b) and 361.081(b)
29-8 [361.081(c)], the commission by rule shall establish procedures for
29-9 public notice and a public hearing under Section 361.080 or
29-10 361.081.
29-11 (c) To improve the timeliness of notice to the public of a
29-12 public hearing under Section 361.080 or 361.081, public notice of
29-13 receipt of the permit application shall be provided as prescribed
29-14 by Subchapter J, Chapter 5, Water Code [at the time a permit
29-15 application is submitted to the commission].
29-16 SECTION 11. Subsections (c), (e), (f), and (g), Section
29-17 361.0791, Health and Safety Code, are amended to read as follows:
29-18 (c) A public meeting held as part of a local review process
29-19 under Section 361.063 meets the requirement of Subsection (a) or
29-20 (b) if notice is provided as required by Subchapter J, Chapter 5,
29-21 Water Code [this section].
29-22 (e) If a meeting is required under Subsection (a) or (b),
29-23 notice shall be provided as prescribed by Subchapter J, Chapter 5,
29-24 Water Code[, not less than once each week during the three weeks
29-25 preceding a public meeting, the applicant shall publish notice of
30-1 the meeting in the newspaper of the largest general circulation
30-2 that is published in the county in which the proposed facility is
30-3 to be located or, if no newspaper is published in the county, in a
30-4 newspaper of general circulation in the county. The applicant
30-5 shall provide the commission an affidavit certifying that the
30-6 notice was given as required by this section. Acceptance of the
30-7 affidavit creates a rebuttable presumption that the applicant has
30-8 complied with this section].
30-9 (f) [The published notice may not be smaller than 96.8
30-10 square centimeters or 15 square inches with the shortest dimension
30-11 at least 7.6 centimeters or three inches and shall contain, at a
30-12 minimum, the following information:]
30-13 [(1) the permit application number;]
30-14 [(2) the applicant's name;]
30-15 [(3) the proposed location of the facility; and]
30-16 [(4) the location and availability of copies of the
30-17 permit application.]
30-18 [(g)] The applicant shall pay the cost of notice required to
30-19 be provided under this section. The commission by rule may
30-20 establish procedures for payment of those costs.
30-21 SECTION 12. Subsection (b), Section 361.080, Health and
30-22 Safety Code, is amended to read as follows:
30-23 (b) Notice for a hearing session held under this section
30-24 shall be provided in accordance with Subchapter J, Chapter 5, Water
30-25 Code [Section 361.0791].
31-1 SECTION 13. Section 361.081, Health and Safety Code, is
31-2 amended to read as follows:
31-3 Sec. 361.081. NOTICE OF HEARING CONCERNING APPLICATION FOR A
31-4 SOLID WASTE FACILITY. (a) The commission shall require the
31-5 applicant to mail notice as prescribed by Subchapter J, Chapter 5,
31-6 Water Code [to each residential or business address located within
31-7 one-half mile of a new solid waste management facility and to each
31-8 owner of real property located within one-half mile of a new solid
31-9 waste management facility listed in the real property appraisal
31-10 records of the appraisal district in which the solid waste
31-11 management facility is sought to be permitted as of the date the
31-12 commission determines the permit application is administratively
31-13 complete. The notice must be sent by mail and must be deposited
31-14 with the United States postal service not more than 45 days or less
31-15 than 30 days before the date of the hearing].
31-16 (b) [The applicant must certify to the commission that the
31-17 mailings were deposited as required by Subsection (a). Acceptance
31-18 of the certification creates a rebuttable presumption that the
31-19 applicant has complied with this section. Substantial compliance
31-20 with the notice requirements of Subsection (a) is sufficient for
31-21 the commission to exercise jurisdiction over an application for a
31-22 solid waste facility.]
31-23 [(c)] In addition to the requirements of Subsection (a), the
31-24 commission shall hold a public meeting and the applicant shall give
31-25 notice concerning the application for a permit for a new hazardous
32-1 waste management facility as provided by Section 361.0791 of this
32-2 code and Subchapter J, Chapter 5, Water Code.
32-3 SECTION 14. Subsections (c) and (d), Section 361.082, Health
32-4 and Safety Code, are amended to read as follows:
32-5 (c) The commission by rule shall establish procedures for
32-6 public notice and public hearing. At a minimum, the rules shall
32-7 include the public notice requirements set forth in Subchapter J,
32-8 Chapter 5, Water Code [Section 361.081].
32-9 (d) In addition to the hearing held under this section, the
32-10 commission shall hold a public meeting and the applicant shall give
32-11 notice as provided by Section 361.0791 of this code and Subchapter
32-12 J, Chapter 5, Water Code.
32-13 SECTION 15. Sections 382.031, 382.0516, and 382.056, Health
32-14 and Safety Code, are amended to read as follows:
32-15 Sec. 382.031. NOTICE OF HEARINGS. (a) Notice of a hearing
32-16 regarding a permit under Section 382.0518, 382.055, or 382.058
32-17 [this chapter] shall be published in a newspaper as prescribed by
32-18 Subchapter J, Chapter 5, Water Code [at least once in a newspaper
32-19 of general circulation in the municipality in which the facility is
32-20 located or is proposed to be located or in the municipality nearest
32-21 to the location or proposed location of the facility. The notice
32-22 must be published not less than 30 days before the date set for the
32-23 hearing].
32-24 (b) [Notice of the hearing must describe briefly and in
32-25 summary form the purpose of the hearing and the date, time, and
33-1 place of the hearing.]
33-2 [(c) If notice of the hearing is required by this chapter to
33-3 be given to a person, the notice shall be served personally or
33-4 mailed to the person at the person's most recent address known to
33-5 the commission not less than 30 days before the date set for the
33-6 hearing. If the party is not an individual, the notice may be
33-7 given to an officer, agent, or legal representative of the party.]
33-8 [(d)] The hearing body shall conduct the hearing at the time
33-9 and place stated in the notice. The hearing body may continue the
33-10 hearing from time to time and from place to place without the
33-11 necessity of publishing, serving, mailing, or otherwise issuing new
33-12 notice. If a hearing is continued and a time and place for the
33-13 hearing to reconvene are not publicly announced by the hearing body
33-14 at the hearing before it is recessed, a notice of any further
33-15 setting of the hearing shall be served personally or mailed in the
33-16 manner prescribed by Subchapter J, Chapter 5, Water Code,
33-17 [Subsection (c)] at a reasonable time before the new setting, but
33-18 it is not necessary to publish a newspaper notice of the new
33-19 setting. In this subsection, "hearing body" means the individual
33-20 or individuals that hold a hearing under this section.
33-21 [(e) This section applies to all hearings held under this
33-22 chapter except as otherwise specified by Section 382.017, 382.026,
33-23 or 382.063.]
33-24 Sec. 382.0516. NOTICE TO STATE SENATOR AND REPRESENTATIVE.
33-25 On receiving an application for [a construction permit, a special
34-1 permit, or] an operating permit for a facility that may emit air
34-2 contaminants, the commission shall send notice of the application
34-3 to the state senator and representative who represent the area in
34-4 which the facility is or will be located.
34-5 Sec. 382.056. NOTICE OF APPLICATION AND OPPORTUNITY TO
34-6 REQUEST A [INTENT TO OBTAIN PERMIT OR PERMIT REVIEW;] HEARING.
34-7 (a) An applicant for a permit under Section 382.0518 [or 382.054]
34-8 or a permit renewal review under Section 382.055 shall publish
34-9 notice of application and opportunity to request a hearing as
34-10 prescribed by Subchapter J, Chapter 5, Water Code [intent to obtain
34-11 the permit or permit review. The commission by rule may require an
34-12 applicant for a federal operating permit to publish notice of
34-13 intent to obtain a permit or permit review consistent with federal
34-14 requirements and with the requirements of this section. The
34-15 applicant shall publish the notice at least once in a newspaper of
34-16 general circulation in the municipality in which the facility or
34-17 federal source is located or is proposed to be located or in the
34-18 municipality nearest to the location or proposed location of the
34-19 facility or federal source. If the elementary or middle school
34-20 nearest to the facility or proposed facility provides a bilingual
34-21 education program as required by Section 21.109, Education Code,
34-22 and Section 19 TAC Subsection 89.2(a), the applicant shall also
34-23 publish the notice at least once in an additional publication of
34-24 general circulation in the municipality or county in which the
34-25 facility is located or proposed to be located that is published in
35-1 the language taught in the bilingual education program. This
35-2 requirement is waived if such a publication does not exist or if
35-3 the publisher refuses to publish the notice. The commission by
35-4 rule shall prescribe when notice must be published and may require
35-5 publication of additional notice. Notice required to be published
35-6 under this section shall only be required to be published in the
35-7 United States].
35-8 (b) [The notice must include:]
35-9 [(1) a description of the location or proposed
35-10 location of the facility or federal source;]
35-11 [(2) a statement that a person who may be affected by
35-12 emissions of air contaminants from the facility, proposed facility,
35-13 or federal source is entitled to request a hearing from the
35-14 commission;]
35-15 [(3) a description of the manner in which the
35-16 commission may be contacted for further information; and]
35-17 [(4) any other information the commission by rule
35-18 requires.]
35-19 [(c) At the site of a facility, proposed facility, or
35-20 federal source for which an applicant is required to publish notice
35-21 under this section, the applicant shall place a sign declaring the
35-22 filing of an application for a permit or permit review for a
35-23 facility at the site and stating the manner in which the commission
35-24 may be contacted for further information. The commission shall
35-25 adopt any rule necessary to carry out this subsection.]
36-1 [(d)] Except as provided by [Section 382.0561 or] Subsection
36-2 (c) [(e)], the commission or its delegate shall hold a public
36-3 hearing on the permit application or permit renewal application
36-4 before granting the permit or renewal if a person who may be
36-5 affected by the emissions, or a member of the legislature from the
36-6 general area in which the facility or proposed facility is located,
36-7 requests a hearing within the period set by commission rule. The
36-8 commission shall not hold a hearing if the basis of a request by a
36-9 person who may be affected is determined to be unreasonable.
36-10 Reasons for which a request for a hearing on a permit amendment,
36-11 modification, or renewal shall be considered to be unreasonable
36-12 include, but are not limited to, an amendment, modification, or
36-13 renewal that would not result in an increase in allowable emissions
36-14 and would not result in the emission of an air contaminant not
36-15 previously emitted.
36-16 (c) [(e)] Notwithstanding other provisions of this chapter,
36-17 the commission may hold a hearing on a permit amendment,
36-18 modification, or renewal if the commission [board] determines that
36-19 the application involves a facility for which the applicant's
36-20 compliance history contains violations which are unresolved and
36-21 which constitute a recurring pattern of egregious conduct which
36-22 demonstrates a consistent disregard for the regulatory process,
36-23 including the failure to make a timely and substantial attempt to
36-24 correct the violations.
36-25 SECTION 16. Section 382.0561, Health and Safety Code, is
37-1 amended by amending Subsections (b) through (i) and adding
37-2 Subsections (j) through (u) to read as follows:
37-3 (b) At the time an application for a federal operating
37-4 permit is filed with the executive director and is administratively
37-5 complete, the commission shall give notice of the application to
37-6 any person who may be affected by the granting of the permit.
37-7 (c) At the time an application for any formal action by the
37-8 commission that will affect lands dedicated to the permanent school
37-9 fund is filed with the executive director or the commission and is
37-10 administratively complete, the commission shall give notice of the
37-11 application to the School Land Board. Notice shall be delivered by
37-12 certified mail, return receipt requested, addressed to the deputy
37-13 commissioner of the asset management division of the General Land
37-14 Office. Delivery is not complete until the return receipt is
37-15 signed by the deputy commissioner of the asset management division
37-16 of the General Land Office and returned to the commission.
37-17 (d) The commission shall adopt rules governing notice
37-18 required by this section.
37-19 (e) A notice required by Subsection (b) or (c) must:
37-20 (1) state the identifying number given the application
37-21 by the commission;
37-22 (2) state the type of permit or license sought under
37-23 the application;
37-24 (3) state the name and address of the applicant;
37-25 (4) state the date on which the application was
38-1 submitted; and
38-2 (5) include a brief summary of the information
38-3 included in the application.
38-4 (f) In addition to including the information required by
38-5 Subsection (e), a notice under Subsection (c) must:
38-6 (1) state the location of the permanent school fund
38-7 land to be affected; and
38-8 (2) describe any foreseeable impact or effect the
38-9 commission's action may have on permanent school fund land.
38-10 (g) On determination that an application for a federal
38-11 operating permit under Sections 382.054-382.0542 or a renewal of a
38-12 federal operating permit under Section 382.0543 is administratively
38-13 complete and before the beginning of the public comment period, the
38-14 commission or its designee shall prepare a draft permit.
38-15 (h) [(c)] The commission or its designee shall hold a public
38-16 hearing on a federal operating permit, a reopening of a federal
38-17 operating permit, or renewal application before granting the permit
38-18 or renewal if within the public comment period a person who may be
38-19 affected by the emissions or a member of the legislature from the
38-20 general area in which the facility is located requests a hearing.
38-21 The commission or its designee is not required to hold a hearing if
38-22 the basis of the request by a person who may be affected is
38-23 determined to be unreasonable.
38-24 (i) [(d)] The following shall be available for public
38-25 inspection in at least one location in the general area where the
39-1 facility is located:
39-2 (1) information submitted by the application, subject
39-3 to applicable confidentiality laws;
39-4 (2) the executive director's analysis of the proposed
39-5 action; and
39-6 (3) a copy of the draft permit.
39-7 (j) [(e)] The commission or its designee shall hold a public
39-8 comment period on a federal operating permit application, a federal
39-9 operating permit reopening application, or a federal operating
39-10 permit renewal application under Sections 382.054-382.0542 or
39-11 382.0543. Any person may submit a written statement to the
39-12 commission during the public comment period. The commission or its
39-13 designee shall receive public comment for 30 days after the date on
39-14 which notice of the public comment period is published. The
39-15 commission or its designee may extend or reopen the comment period
39-16 if the commission or its designee [executive director] finds an
39-17 extension or reopening to be appropriate.
39-18 (k) The commission by rule may require an applicant for a
39-19 federal operating permit to publish notice of public comment period
39-20 and opportunity for a hearing consistent with federal requirements
39-21 and the requirements of this section. The applicant shall publish
39-22 the notice at least once in a newspaper of general circulation in
39-23 the municipality in which the federal source is located or is
39-24 proposed to be located or in the municipality nearest to the
39-25 location or proposed location of the federal source. The
40-1 commission by rule shall prescribe when notice must be published
40-2 and may require publication of additional notice. Notice required
40-3 to be published under this section is only required to be published
40-4 in the United States.
40-5 (l) The notice described by Subsection (k) must include:
40-6 (1) a description of the location or proposed location
40-7 of the federal source;
40-8 (2) a statement that a person who may be affected by
40-9 emissions of air contaminants from the federal source or proposed
40-10 federal source is entitled to request a hearing from the
40-11 commission;
40-12 (3) a description of the manner in which the
40-13 commission may be contacted for further information; and
40-14 (4) any other information the commission by rule
40-15 requires.
40-16 (m) At the site of a federal source or proposed federal
40-17 source for which an applicant is required to publish notice under
40-18 this section, the applicant shall post a sign that:
40-19 (1) declares the filing of an application for a permit
40-20 or permit review for a facility at the site; and
40-21 (2) states the manner in which the commission may be
40-22 contacted for further information.
40-23 (n) The commission shall adopt any rule necessary to carry
40-24 out Subsection (m).
40-25 (o) Notice of a hearing shall be published at least once in
41-1 a newspaper of general circulation in the municipality in which the
41-2 facility is located or is proposed to be located or in the
41-3 municipality nearest to the location or proposed location of the
41-4 facility. The notice must be published not less than the 30th day
41-5 before the date set for the hearing.
41-6 (p) Notice of the hearing must describe briefly and in
41-7 summary form:
41-8 (1) the purpose of the hearing; and
41-9 (2) the date, time, and place of the hearing.
41-10 (q) If notice of the hearing is required by this chapter to
41-11 be given to a person, the notice must be served personally or
41-12 mailed to the person at the person's most recent address known to
41-13 the commission not less than the 30th day before the date set for
41-14 the hearing. If the person is not an individual, the notice may be
41-15 given to an officer, agent, or legal representative of the person.
41-16 (r) The hearing body shall conduct the hearing at the time
41-17 and place stated in the notice. The hearing body may continue the
41-18 hearing from time to time and from place to place without the
41-19 necessity of publishing, serving, mailing, or otherwise issuing new
41-20 notice. If a hearing is continued and a time and place for the
41-21 hearing to reconvene are not publicly announced by the hearing body
41-22 at the hearing before it is recessed, a notice of any further
41-23 setting of the hearing shall be served personally or mailed in the
41-24 manner prescribed by Subsection (q) at a reasonable time before the
41-25 new setting, but it is not necessary to publish a newspaper notice
42-1 of the new setting. In this subsection, "hearing body" means the
42-2 individual or individuals that hold a hearing under this section.
42-3 (s) [(f) Notice of the public comment period and opportunity
42-4 for a hearing under this section shall be published in accordance
42-5 with Section 382.056.]
42-6 [(g)] Any person may submit an oral or written statement
42-7 concerning the application at the hearing. The individual holding
42-8 the hearing may set reasonable limits on the time allowed for oral
42-9 statements at the hearing. The public comment period extends to
42-10 the close of the hearing and may be further extended or reopened if
42-11 the commission or its designee finds an extension or reopening to
42-12 be appropriate.
42-13 (t) [(h)] Any person, including the applicant, who believes
42-14 that any condition of the draft permit is inappropriate or that the
42-15 preliminary decision of the commission or its designee to issue or
42-16 deny a permit is inappropriate must raise all reasonably
42-17 ascertainable issues and submit all reasonably available arguments
42-18 supporting that position by the end of the public comment period.
42-19 (u) [(i)] The commission or its designee shall consider all
42-20 comments received during the public comment period and at the
42-21 public hearing in determining whether to issue the permit and what
42-22 conditions should be included if a permit is issued.
42-23 SECTION 17. Subsections (a) and (c), Section 382.058, Health
42-24 and Safety Code, are amended to read as follows:
42-25 (a) A person may not begin construction on any concrete
43-1 plant that performs wet batching, dry batching, or central mixing
43-2 under an exemption adopted by the commission under Section 382.057
43-3 unless the person has complied with the notice and opportunity for
43-4 hearing provisions under Section 382.056 of this code and
43-5 Subchapter J, Chapter 5, Water Code.
43-6 (c) For purposes of this section, only those persons
43-7 actually residing in a permanent residence within 440 yards of the
43-8 proposed plant may request a hearing under Section 382.056(b)
43-9 [382.056(d)] as a person who may be affected.
43-10 SECTION 18. Subsection (b), Section 401.113, Health and
43-11 Safety Code, is amended to read as follows:
43-12 (b) The agency shall make the analysis available to the
43-13 public not later than the 30th [31st] day before the date of a
43-14 hearing under Section 401.114.
43-15 SECTION 19. Section 401.114, Health and Safety Code, is
43-16 amended to read as follows:
43-17 Sec. 401.114. NOTICE AND HEARING. (a) Before the
43-18 department [or commission], within its jurisdiction, grants or
43-19 renews a license to process [or dispose of] radioactive waste from
43-20 other persons, the department [agency] shall give notice and shall
43-21 provide an opportunity for a public hearing in the manner provided
43-22 by the department's [agency's] formal hearing procedures
43-23 [procedure] and Chapter 2001, Government Code.
43-24 (b) Before the commission, within its jurisdiction, grants
43-25 or renews a license to dispose of radioactive waste from other
44-1 persons, the commission shall:
44-2 (1) give notice as prescribed by Subchapter J, Chapter
44-3 5, Water Code; and
44-4 (2) provide an opportunity for a public hearing in the
44-5 manner provided by the commission's formal hearing procedures and
44-6 Chapter 2001, Government Code.
44-7 (c) In addition to other notice, the department or
44-8 commission, within its jurisdiction, [agency] shall publish notice
44-9 of the hearing in the manner provided by Chapter 313, Government
44-10 Code, in the county in which the proposed facility is to be
44-11 located. The notice shall state the subject and the time, place,
44-12 and date of the hearing.
44-13 (d) [(c)] The department [agency] shall mail, by certified
44-14 mail in the manner provided by the department's [agency's] rules,
44-15 written notice to each person who owns property adjacent to the
44-16 proposed site. The notice must be mailed not later than the 31st
44-17 day before the date of the hearing and must include the same
44-18 information that is in the published notice. If true, the
44-19 department [agency] or the applicant must certify that the notice
44-20 was mailed as required by this subsection, and at the hearing the
44-21 certificate is conclusive evidence of the mailing.
44-22 (e) The commission shall mail notice as prescribed by
44-23 Subchapter J, Chapter 5, Water Code.
44-24 SECTION 20. Section 401.116, Health and Safety Code, is
44-25 amended by amending Subsections (b), (c), and (d) and adding
45-1 Subsection (e) to read as follows:
45-2 (b) The department [or commission, as appropriate,] shall
45-3 publish notice of a [the] license amendment within its jurisdiction
45-4 once in the Texas Register and in a newspaper of general
45-5 circulation in the county in which the licensed activity is located
45-6 and shall give notice to any person who has notified the agency, in
45-7 advance, of the desire to receive notice of proposed amendment of
45-8 the license.
45-9 (c) Notice under Subsection (b) [this section] must include:
45-10 (1) the identity of the license holder;
45-11 (2) identification of the license; and
45-12 (3) a short and plain statement of the license
45-13 amendment's substance.
45-14 (d) The department [agency] shall give notice and hold a
45-15 hearing to consider the license amendment within its jurisdiction
45-16 if a person affected files a written complaint with the department
45-17 [agency] before the 31st day after the date on which notice is
45-18 published under Subsection (b). The department [agency] shall give
45-19 notice of the hearing as provided by Section 401.114.
45-20 (e) The commission shall publish notice of a license
45-21 amendment within its jurisdiction as prescribed by Subchapter J,
45-22 Chapter 5, Water Code, and shall provide an opportunity for a
45-23 public hearing in the manner provided by the commission's formal
45-24 hearing procedures.
45-25 SECTION 21. Subsection (c), Section 401.263, Health and
46-1 Safety Code, is amended to read as follows:
46-2 (c) The commission shall give notice of the analysis as
46-3 provided by agency rule and shall make the analysis available to
46-4 the public for written comment not later than the 30th [31st] day
46-5 before the date of the hearing on the license.
46-6 SECTION 22. Sections 361.0641 and 361.083, Health and Safety
46-7 Code, are repealed.
46-8 SECTION 23. The changes in law made by this Act apply only
46-9 to a notice given on or after the effective date of this Act. A
46-10 notice given before the effective date of this Act is governed by
46-11 the law as it existed immediately before the effective date of this
46-12 Act, and that law is continued in effect for that purpose.
46-13 SECTION 24. This Act takes effect September 1, 1997.
46-14 SECTION 25. The importance of this legislation and the
46-15 crowded condition of the calendars in both houses create an
46-16 emergency and an imperative public necessity that the
46-17 constitutional rule requiring bills to be read on three several
46-18 days in each house be suspended, and this rule is hereby suspended.