75R14218 SMH-F                          

         By Bivins, et al.                                     S.B. No. 1495

         Substitute the following for S.B. No. 1495:

         By Talton                                         C.S.S.B. No. 1495

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to notices required to be given in certain proceedings

 1-3     conducted by the Texas Natural Resource Conservation Commission.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 5, Water Code, is amended by adding

 1-6     Subchapter J to read as follows:

 1-7                     SUBCHAPTER J.  NOTICE REQUIREMENTS

 1-8           Sec. 5.401.  APPLICABILITY.  (a)  The notice provisions of

 1-9     this subchapter apply only to:

1-10                 (1)  permits issued by the commission under:

1-11                       (A)  Chapters 11, 26, 27, and 28;

1-12                       (B)  Chapters 361 and 401, Health and Safety

1-13     Code; and

1-14                       (C)  Sections 382.0518, 382.055, and 382.058,

1-15     Health and Safety Code; and

1-16                 (2)  public meetings conducted by the commission under

1-17     Chapter 361, Health and Safety Code.

1-18           (b)  Unless otherwise provided by commission rules, this

1-19     subchapter does not apply to permits granted by rule adopted under

1-20     Chapter 382, Health and Safety Code.

1-21           Sec. 5.402.  MINIMUM REQUIREMENTS; COMBINED NOTICES.

1-22     (a)  The notice requirements imposed by this subchapter are minimum

1-23     requirements.

1-24           (b)  The commission:

 2-1                 (1)  shall adopt rules consistent with this subchapter;

 2-2     and

 2-3                 (2)  may adopt rules imposing additional requirements.

 2-4           (c)  A notice required by a provision of this chapter may be

 2-5     combined with a notice required by another provision of this

 2-6     chapter.

 2-7           Sec. 5.403.  SUBSTANTIAL COMPLIANCE.  (a)  The commission may

 2-8     exercise jurisdiction over an application if the applicant

 2-9     substantially complies with this subchapter.

2-10           (b)  The inadvertent failure of the commission to mail a

2-11     notice under Section 5.408 to a navigation district that is not a

2-12     claimant or appropriator of water does not prevent the commission

2-13     from considering an application.

2-14           Sec. 5.404.  NOTICE OF INTENT TO OBTAIN SOLID WASTE PERMIT.

2-15     (a)  An applicant for a permit for a municipal solid waste facility

2-16     under Chapter 361, Health and Safety Code, must publish notice of

2-17     intent to obtain the permit in a newspaper.

2-18           (b)  The commission shall publish notice of intent to obtain

2-19     a permit described by Subsection (a) in the Texas Register.

2-20           Sec. 5.405.  NOTICE TO SENATOR AND REPRESENTATIVE.  The

2-21     commission must mail notice that the commission has received an

2-22     application for, or notice of intent to file an application for, a

2-23     permit under Chapter 361, Health and Safety Code, or Section

2-24     382.0518 or 382.055, Health and Safety Code, to the state senator

2-25     and representative who represent the area in which the facility is

2-26     or will be located.

2-27           Sec. 5.406.  NOTICE OF RECEIPT OF ADMINISTRATIVELY COMPLETE

 3-1     APPLICATION.  (a)  Notice of receipt of an administratively

 3-2     complete application for a permit or a license must be given to

 3-3     each person who may be affected by the granting of the permit or

 3-4     license.

 3-5           (b)  In addition to the notice required by Subsection (a),

 3-6     notice of receipt of the application must be published in the Texas

 3-7     Register if the application is for an amendment to a  license to

 3-8     dispose of radioactive waste from other persons within the

 3-9     commission's jurisdiction under Chapter 401,  Health and Safety

3-10     Code.

3-11           (c)  The commission must give notice of receipt of an

3-12     administratively complete application for a permit under Section

3-13     382.0518 or 382.055, Health and Safety Code, to:

3-14                 (1)  the applicant; and

3-15                 (2)  any interested person who has requested

3-16     notification.

3-17           (d)  Notwithstanding Subsection (c)(2), if the number of

3-18     interested persons who have requested the notice makes it

3-19     impractical to notify those persons by mail, the commission must

3-20     publish the notice in a newspaper.

3-21           (e)  The commission must mail notice of an application for a

3-22     formal action by the commission that will affect lands dedicated to

3-23     the permanent school fund when the application is administratively

3-24     complete, as provided by Section 5.413(c).

3-25           Sec. 5.407.  NOTICE OF PUBLIC MEETING FOR SOLID WASTE PERMIT.

3-26     An applicant must publish in a newspaper notice of a public meeting

3-27     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

4-26     notice, as prescribed by commission rules; and

4-27                       (B)  any other person to whom the commission by

 5-1     rule requires that notice be mailed; and

 5-2                 (4)  comply with Section 5.416.

 5-3           (d)  The commission shall adopt rules as necessary to

 5-4     administer this section.

 5-5           Sec. 5.409.  NOTICE OF HEARING.  (a)  Notice of a hearing

 5-6     must be given by:

 5-7                 (1)  mail; and

 5-8                 (2)  publication in a newspaper.

 5-9           (b)  Notice of a hearing under Section 401.114, Health and

5-10     Safety Code, must also be given in the manner provided by Chapter

5-11     313, Government Code.

5-12           (c)  Notice of a hearing on an application for a permit under

5-13     Section 382.0518, 382.055, or 382.058, Health and Safety Code, must

5-14     be mailed only to:

5-15                 (1)  a person who makes a written request for notice,

5-16     as prescribed by commission rules; and

5-17                 (2)  any other person to whom the commission by rule

5-18     requires that notice be mailed.

5-19           Sec. 5.410.  TIMING OF NOTICE.  (a)  The commission by rule

5-20     may prescribe when notice of intent to obtain a permit under

5-21     Section 5.404 must be published.

5-22           (b)  Notice to the senator and representative under Section

5-23     5.405 must be mailed on receipt of an application.

5-24           (c)  Notice of receipt of an administratively complete

5-25     application under Section 5.406 must be given when the application

5-26     is administratively complete.

5-27           (d)  Notice of a public meeting for a permit under Section

 6-1     5.407 must be published not less than once each week during the

 6-2     three weeks preceding a public meeting on a new solid waste

 6-3     facility.

 6-4           (e)  Notice of application and opportunity to request a

 6-5     hearing under Section 5.408(a) or (b) must be given not later than

 6-6     the 30th day before the date the commission acts on the

 6-7     application.

 6-8           (f)  The commission by rule shall prescribe when notice of

 6-9     application and opportunity to request a hearing under Section

6-10     5.408(c) must be published.

6-11           (g)  Notice of a hearing under Section 5.409 must be given

6-12     not later than the 30th day before the date of the hearing, except

6-13     that:

6-14                 (1)  notice of a hearing under Section 11.176 must be:

6-15                       (A)  mailed under Section 5.413(d) not later than

6-16     the 45th day before the date of the hearing; and

6-17                       (B)  published in a newspaper once each week for

6-18     two consecutive weeks not later than the 30th day before the date

6-19     of the hearing;

6-20                 (2)  notice of a commission meeting under Section

6-21     26.028(b) must be mailed not later than the 10th day before the

6-22     date of the meeting;

6-23                 (3)  notice of a hearing on a solid waste facility

6-24     under Chapter 361, Health and Safety Code, must be published not

6-25     less than once each week during the three weeks preceding the

6-26     meeting; and

6-27                 (4)  notice of a hearing on a new solid waste

 7-1     management facility under Chapter 361, Health and Safety Code, must

 7-2     be mailed not later than the 45th day and not earlier than the 30th

 7-3     day before the date of the hearing.

 7-4           (h)  The commission by rule shall prescribe when notice under

 7-5     Section 5.416 must be published.

 7-6           Sec. 5.411.  CONTENTS OF NOTICE.  (a)  A notice must include,

 7-7     if applicable:

 7-8                 (1)  the name of the applicant;

 7-9                 (2)  the application number;

7-10                 (3)  the type of permit or license sought under the

7-11     application;

7-12                 (4)  the date on which the application was submitted;

7-13                 (5)  a brief summary of the information included in the

7-14     application;

7-15                 (6)  a description of the location or proposed location

7-16     of the facility, discharge point, or point of diversion to which

7-17     the application relates;

7-18                 (7)  a description of the manner in which the

7-19     commission may be contacted for further information;

7-20                 (8)  the date, time, and location at which the

7-21     commission will consider the application; and

7-22                 (9)  any other information the commission by rule

7-23     requires.

7-24           (b)  In addition to including the information required by

7-25     Subsection (a), a notice to the School Land Board must:

7-26                 (1)  state the location of the permanent school fund

7-27     land to be affected; and

 8-1                 (2)  describe any foreseeable impact or effect the

 8-2     commission's action may have on the land.

 8-3           (c)  In addition to including the information required by

 8-4     Subsection (a), a notice under Section 5.408 must state that:

 8-5                 (1)  a person who may be affected by the facility,

 8-6     proposed facility, or point of diversion to which the application

 8-7     relates may request a hearing; and

 8-8                 (2)  an environmental assessment is available, if an

 8-9     environmental assessment has been prepared under Chapter 401,

8-10     Health and Safety Code.

8-11           (d)  In addition to including the information required by

8-12     Subsection (a), a notice of a public meeting under Section 5.407 or

8-13     of a hearing under Section 5.409 must include:

8-14                 (1)  the date, time, and place of the meeting or

8-15     hearing;

8-16                 (2)  a brief description of the purpose of the meeting

8-17     or hearing; and

8-18                 (3)  the location and availability of copies of the

8-19     application.

8-20           (e)  In addition to including the information required by

8-21     Subsection (a), a notice of intent to obtain a solid waste permit

8-22     under Section 5.404 must include a statement that a person who may

8-23     be affected by the facility or proposed facility may request a

8-24     hearing.

8-25           (f)  In addition to including the information required by

8-26     Subsection (a), a notice of application and opportunity to request

8-27     a hearing regarding a permit to appropriate water under Chapter 11

 9-1     must include:

 9-2                 (1)  the purpose and extent of the proposed

 9-3     appropriation of water;

 9-4                 (2)  the source of supply and the place where the water

 9-5     is to be stored or taken or diverted from the source of supply; and

 9-6                 (3)  a general description of the location and area of

 9-7     the land to be irrigated, if the proposed use is for irrigation.

 9-8           (g)  Notwithstanding Subsection (a), the commission by rule

 9-9     may prescribe the information required to be included on a sign

9-10     required by Section 5.408(c)(2), 5.415, or 5.416.

9-11           Sec. 5.412.  PROOF OF NOTICE.  (a)  An affidavit or other

9-12     proof of notice must be:

9-13                 (1)  provided to the commission; and

9-14                 (2)  entered into evidence before testimony on the

9-15     merits is heard in a contested case hearing.

9-16           (b)  Before testimony is heard in a contested case hearing,

9-17     the applicant may enter into evidence an affidavit or affidavits

9-18     attesting that notice was given as required by statute.  An

9-19     affidavit creates a rebuttable presumption of proper notice.

9-20           (c)  If notice is mailed, the applicant or the commission

9-21     employee responsible for mailing the notice may provide the

9-22     affidavit.  The affidavit must:

9-23                 (1)  list the names and addresses to which the notice

9-24     was mailed;

9-25                 (2)  list the sources from which the list was created;

9-26                 (3)  specify the date of mailing; and

9-27                 (4)  be accompanied by:

 10-1                      (A)  a printed copy of the notice; and

 10-2                      (B)  a copy of the mailing list.

 10-3          (d)  If notice is published in a newspaper, the applicant may

 10-4    provide an affidavit of the newspaper publisher.  The affidavit

 10-5    must:

 10-6                (1)  certify that notice was published in the

 10-7    newspaper;

 10-8                (2)  state the circulation of the newspaper and the

 10-9    date of publication; and

10-10                (3)  be accompanied by a printed copy of the

10-11    publication.

10-12          Sec. 5.413.  MAILED NOTICE.  (a)  Unless otherwise provided

10-13    by law, any notice required by this subchapter to be mailed must be

10-14    mailed by first-class mail, postage prepaid, to each person

10-15    provided by Section 5.414 at the person's most recent address shown

10-16    in the records of the commission.

10-17          (b)  Any notice that is required to be mailed may be

10-18    delivered by personal service instead.  If the person is not an

10-19    individual, the notice may be given to an officer, agent, or other

10-20    legal representative of the person.

10-21          (c)  Notice of receipt of an administratively complete

10-22    application for a formal action by the commission that will affect

10-23    lands dedicated to the permanent school fund must be mailed to the

10-24    School Land Board by certified mail, return receipt requested,

10-25    addressed to the deputy commissioner of the asset management

10-26    division of the General Land Office.  Delivery is not complete

10-27    until the return receipt is signed by the deputy commissioner of

 11-1    the asset management division of the General Land Office and

 11-2    returned to the commission.

 11-3          (d)  The commission must mail by certified mail, return

 11-4    receipt requested, notice of a hearing under Section 11.176 to the

 11-5    holder of the permit, certified filing, or certificate of

 11-6    adjudication being considered.

 11-7          (e)  The commission must mail by certified mail, return

 11-8    receipt requested, notice of a hearing on the grant, renewal, or

 11-9    amendment of a license to dispose of radioactive waste from other

11-10    persons within the commission's jurisdiction under Chapter 401,

11-11    Health and Safety Code, to each person who owns property adjacent

11-12    to the proposed site.

11-13          Sec. 5.414.  MAILING LIST.  (a)  Notice that is required by

11-14    this subchapter to be mailed must be mailed to:

11-15                (1)  the applicant;

11-16                (2)  any person who makes a written request for notice,

11-17    in accordance with commission rules;

11-18                (3)  any person the commission by rule determines may

11-19    be affected; and

11-20                (4)  any other person to whom the commission by rule

11-21    requires that notice be mailed.

11-22          (b)  In addition to the persons described by Subsection (a),

11-23    notice of application and opportunity to request a hearing

11-24    regarding a permit to appropriate water under Subchapter D, Chapter

11-25    11, must be mailed to:

11-26                (1)  each claimant or appropriator of water from the

11-27    source of water supply, the record of whose claim or appropriation

 12-1    has been filed with the commission; and

 12-2                (2)  each navigation district in the river basin

 12-3    concerned.

 12-4          (c)  In addition to the persons described by Subsection (a),

 12-5    notice of a permit under Chapter 26 must be mailed to:

 12-6                (1)  the mayor and health authorities of the

 12-7    municipality and the county judge and health authorities of the

 12-8    county in which the facility or discharge point is or will be

 12-9    located; and

12-10                (2)  any other local government to whom the commission

12-11    by rule requires that notice be mailed.

12-12          (d)  In addition to the persons described by Subsection (a),

12-13    notice of application and opportunity to request a hearing and

12-14    notice of a hearing regarding the use of water from a dam or

12-15    reservoir for purposes other than domestic or livestock use under

12-16    Subchapter D, Chapter 11, must be mailed to each person whose:

12-17                (1)  claim or appropriation has been filed with the

12-18    commission; and

12-19                (2)  diversion point is downstream from that described

12-20    by the application.

12-21          (e)  In addition to the persons described by Subsection (a),

12-22    notice of application and opportunity to request a hearing under

12-23    Chapter 27 must be mailed to local governments, as defined by

12-24    Section 26.001.

12-25          (f)  In addition to the persons described by Subsection (a),

12-26    notice of a hearing under Chapter 28 must be given to local

12-27    governments.

 13-1          (g)  In addition to the persons described by Subsection (a),

 13-2    notice of a hearing under Section 11.176 must be mailed to each

 13-3    holder of a permit, certified filing, certificate of adjudication,

 13-4    or claim of unadjudicated water rights who has filed a statement

 13-5    under Section 11.303 in the same watershed.

 13-6          (h)  In addition to the persons described by Subsection (a),

 13-7    an applicant shall mail notice of a hearing on a new solid waste

 13-8    management facility to each residential or business address located

 13-9    within one-half mile of the facility and to each owner of real

13-10    property located within one-half mile of the facility as listed in

13-11    the appraisal records of the appraisal district in which the

13-12    facility is to be located as of the date the commission determines

13-13    the application to be technically complete.

13-14          Sec. 5.415.  NEWSPAPER PUBLICATION; SIGN POSTING.

13-15    (a)  Notice that is required by this subchapter to be published in

13-16    a newspaper must be published in the manner provided by this

13-17    section.

13-18          (b)  If the facility, discharge point, or point of diversion

13-19    is located or proposed to be located in a municipality or the

13-20    extraterritorial jurisdiction of a municipality, the notice must be

13-21    published in:

13-22                (1)  the newspaper of largest general circulation in

13-23    the municipality; or

13-24                (2)  a newspaper of general circulation in the

13-25    municipality, and the applicant must post a sign at the site or

13-26    proposed site of the facility declaring the filing of the

13-27    application and stating the manner in which the commission may be

 14-1    contacted for further information.

 14-2          (c)  If the facility, discharge point, or point of diversion

 14-3    is not located in a municipality or the extraterritorial

 14-4    jurisdiction of a municipality, the notice must be published in:

 14-5                (1)  the newspaper of largest general circulation in

 14-6    the nearest municipality; or

 14-7                (2)  a newspaper of general circulation in the nearest

 14-8    municipality, and the applicant must post a sign at the site or

 14-9    proposed site of the facility declaring the filing of the

14-10    application and stating the manner in which the commission may be

14-11    contacted for further information.

14-12          (d)  Published notice of a public meeting on an application

14-13    for a permit for a new  solid waste management facility or for a

14-14    Class 3 modification or a major amendment to a permit for an

14-15    existing hazardous waste facility may not be smaller than 96.8

14-16    square centimeters or 15 square inches, with the shortest dimension

14-17    at least 7.6 centimeters or three inches.

14-18          (e)  In addition to the notice required by Subsection (b) or

14-19    (c), as applicable, notice of a hearing on the granting or renewal

14-20    of a license to dispose of radioactive waste from other persons,

14-21    within the commission's jurisdiction under Chapter 401, Health and

14-22    Safety Code, must be published in the manner provided by Chapter

14-23    313, Government Code, in the county in which the facility is or

14-24    will be located.

14-25          (f)  Notwithstanding Subsections (b) and (c), an applicant

14-26    for a permit under Section 382.0518 or 382.058, Health and Safety

14-27    Code, or a permit renewal review under Section 382.055, Health and

 15-1    Safety Code, must post a sign at the site of the facility or

 15-2    proposed facility as provided by Section 5.408(c).

 15-3          (g)  The commission shall adopt any rule necessary to

 15-4    implement this section.

 15-5          Sec. 5.416.  BILINGUAL NOTICE.  (a)  This section applies

 15-6    only to an application for a permit under Section 382.0518 or

 15-7    382.058, Health and Safety Code, or a permit renewal review under

 15-8    Section 382.055, Health and Safety Code.

 15-9          (b)  If the elementary or middle school nearest a facility or

15-10    proposed facility provides a bilingual education program as

15-11    required by Subchapter B, Chapter 29, Education Code, and students

15-12    in the elementary or middle school nearest the facility are

15-13    enrolled in the program, the applicant, in addition to publishing

15-14    notice of application and opportunity to request a hearing under

15-15    Section 5.415, shall publish notice at least once in an additional

15-16    publication of general circulation in the municipality or county in

15-17    which the facility is located or proposed to be located that is

15-18    published in the language taught in the bilingual education

15-19    program.

15-20          (c)  The commission by rule may require publication of

15-21    additional notice.

15-22          (d)  Subsection (b) does not apply if:

15-23                (1)  a publication described by that subsection does

15-24    not exist; or

15-25                (2)  the publisher refuses to publish the notice.

15-26          (e)  Notice required to be published under this section is

15-27    only required to be published in the United States.

 16-1          (f)  An applicant who is required to publish notice under

 16-2    this section must post a sign at the facility or proposed facility

 16-3    as provided by Section 5.408(c)(2).  The sign must be in English

 16-4    and in the language taught in the bilingual education program.

 16-5          SECTION 2.  Subsections (b) through (g), Section 5.115, Water

 16-6    Code, are amended to read as follows:

 16-7          (b)  [At the time an application for a permit or license

 16-8    under this code is filed with the executive director and is

 16-9    administratively complete, the commission shall give notice of the

16-10    application to any person who may be affected by the granting of

16-11    the permit or license.]

16-12          [(c)  At the time an application for any formal action by the

16-13    commission that will affect lands dedicated to the permanent school

16-14    fund is filed with the executive director or the commission and is

16-15    administratively complete, the commission shall give notice of the

16-16    application to the School Land Board.  Notice shall be delivered by

16-17    certified mail, return receipt requested, addressed to the deputy

16-18    commissioner of the asset management division of the General Land

16-19    Office.  Delivery is not complete until the return receipt is

16-20    signed by the deputy commissioner of the asset management division

16-21    of the General Land Office and returned to the commission.]

16-22          [(d)  The commission shall adopt rules for the notice

16-23    required by this section.]

16-24          [(e)  The notice must state:]

16-25                [(1)  the identifying number given the application by

16-26    the commission;]

16-27                [(2)  the type of permit or license sought under the

 17-1    application;]

 17-2                [(3)  the name and address of the applicant;]

 17-3                [(4)  the date on which the application was submitted;

 17-4    and]

 17-5                [(5)  a brief summary of the information included in

 17-6    the permit application.]

 17-7          [(f)  The notice to the School Land Board under this section

 17-8    shall additionally:]

 17-9                [(1)  state the location of the permanent school fund

17-10    land to be affected; and]

17-11                [(2)  describe any foreseeable impact or effect of the

17-12    commission's action on permanent school fund land.]

17-13          [(g)]  A formal action or ruling by the commission on an

17-14    application affecting permanent school fund land that is made

17-15    without the notice required by Subchapter J [this section] is

17-16    voidable by the School Land Board as to any permanent school fund

17-17    lands affected by the action or ruling.

17-18          SECTION 3.  Subsection (b), Section 11.085, Water Code, is

17-19    amended to read as follows:

17-20          (b)  No person may transfer water from one watershed to

17-21    another without first applying for and receiving a permit from the

17-22    commission to do so.  Before issuing such a permit, the commission

17-23    shall hold a hearing to determine the rights that might be affected

17-24    by the transfer.  The commission shall give notice and hold the

17-25    hearing in the manner prescribed by Subchapter J, Chapter 5, and

17-26    the commission's [its] procedural rules.

17-27          SECTION 4.  Section 11.132, Water Code, is amended to read as

 18-1    follows:

 18-2          Sec. 11.132.  NOTICE.  (a)  Notice shall be given as required

 18-3    by Subchapter J, Chapter 5, and commission rules [to the persons

 18-4    who in the judgment of the commission may be affected by an

 18-5    application, including those persons listed in Subdivision (2),

 18-6    Subsection (d), of this section].  The commission, on the motion of

 18-7    a commissioner or on the request of the executive director or any

 18-8    affected person, shall hold a public hearing on the application.

 18-9          (b)  [If the proposed use is for irrigation, the commission

18-10    shall include in the notice a general description of the location

18-11    and area of the land to be irrigated.]

18-12          [(c)  In the notice, the commission shall:]

18-13                [(1)  state the name and address of the applicant;]

18-14                [(2)  state the date the application was filed;]

18-15                [(3)  state the purpose and extent of the proposed

18-16    appropriation of water;]

18-17                [(4)  identify the source of supply and the place where

18-18    the water is to be stored or taken or diverted from the source of

18-19    supply;]

18-20                [(5)  specify the time and location where the

18-21    commission will consider the application; and]

18-22                [(6)  give any additional information the commission

18-23    considers necessary.]

18-24          [(d)]  The commission may act on the application without

18-25    holding a public hearing if:

18-26                (1)  notice is given as required by Subchapter J,

18-27    Chapter 5 [not less than 30 days before the date of action on the

 19-1    application by the commission, the applicant has published the

 19-2    commission's notice of the application at least once in a newspaper

 19-3    regularly published or circulated within the section of the state

 19-4    where the source of water is located]; and

 19-5                (2)  a timely hearing request is not received [not less

 19-6    than 30 days before the date of action on the application by the

 19-7    commission, the commission mails a copy of the notice by

 19-8    first-class mail, postage prepaid, to:]

 19-9                      [(A)  each claimant or appropriator of water from

19-10    the source of water supply, the record of whose claim or

19-11    appropriation has been filed with the commission; and]

19-12                      [(B)  all navigation districts within the river

19-13    basin concerned; and]

19-14                [(3)  within 30 days after the date of the newspaper

19-15    publication of the commission's notice, a public hearing has not

19-16    been requested in writing by a commissioner, the executive

19-17    director, or an affected person who objects to the application.]

19-18          [(e)  The inadvertent failure of the commission to mail a

19-19    notice under Subdivision (2), Subsection (d), of this section to a

19-20    navigation district that is not a claimant or appropriator of water

19-21    does not prevent the commission's consideration of the

19-22    application].

19-23          (c) [(f)]  If, on the date specified in the notice prescribed

19-24    by Subsection (b) [(c) of this section], the commission determines

19-25    that a public hearing must be held, the matter shall be remanded

19-26    for hearing without the necessity of issuing further notice other

19-27    than advising all parties of the time and place where the hearing

 20-1    is to convene.

 20-2          SECTION 5.  Subsections (d) through (i), Section 11.143,

 20-3    Water Code, are amended to read as follows:

 20-4          (d)  Except as otherwise specifically provided by this

 20-5    subsection, before the commission may approve the application and

 20-6    issue the permit, it shall give notice and hold a hearing as

 20-7    prescribed by Subchapter J, Chapter 5 [this section]. The

 20-8    commission may act on the application without holding a public

 20-9    hearing if:

20-10                (1)  notice is given as prescribed by Subchapter J,

20-11    Chapter 5 [not less than 30 days before the date of action on the

20-12    application by the commission, the applicant has published the

20-13    commission's notice of the application at least once in a newspaper

20-14    regularly published or circulated within the section of the state

20-15    where the source of water is located]; and

20-16                (2)  a timely hearing request is not received [not less

20-17    than 30 days before the date of action on the application by the

20-18    commission, the commission mails a copy of the notice by

20-19    first-class mail, postage prepaid, to each person whose claim or

20-20    appropriation has been filed with the commission and whose

20-21    diversion point is downstream from that described in the

20-22    application; and]

20-23                [(3)  within 30 days after the date of the newspaper

20-24    publication of the commission's notice, a public hearing is not

20-25    requested in writing by a commissioner, the executive director, or

20-26    an affected person who objects to the application.]

20-27          [(e)  In the notice, the commission shall:]

 21-1                [(1)  state the name and post-office address of the

 21-2    applicant;]

 21-3                [(2)  state the date the application was filed;]

 21-4                [(3)  state the purpose and extent of the proposed

 21-5    appropriation of water;]

 21-6                [(4)  identify the source of supply and the place where

 21-7    the water is stored; and]

 21-8                [(5)  specify the time and place of the hearing.]

 21-9          [(f)  The notice shall be published only once, at least 20

21-10    days before the date stated in the notice for the hearing on the

21-11    application, in a newspaper having general circulation in the

21-12    county where the dam or reservoir is located.  At least 15 days

21-13    before the date set for the hearing, the commission shall transmit

21-14    a copy of the notice by first-class mail to each person whose claim

21-15    or appropriation has been filed with the commission and whose

21-16    diversion point is downstream from that described in the

21-17    application].

21-18          (e) [(g)]  If on the date specified in the notice prescribed

21-19    by Subsection (d) of this section, the commission determines that a

21-20    public hearing must be held, the matter shall be remanded for

21-21    hearing without the necessity of issuing further notice other than

21-22    advising all parties of the time and place where the hearing is to

21-23    convene.

21-24          (f) [(h)]  The applicant shall pay the filing fee prescribed

21-25    by Section 12.111(b) of this code at the time he files the

21-26    application.

21-27          (g) [(i)]  The commission shall approve the application and

 22-1    issue the permit as applied for in whole or part if it determines

 22-2    that:

 22-3                (1)  there is unappropriated water in the source of

 22-4    supply;

 22-5                (2)  the applicant has met the requirements of this

 22-6    section;

 22-7                (3)  the water is to be used for a beneficial purpose;

 22-8                (4)  the proposed use is not detrimental to the public

 22-9    welfare or to the welfare of the locality; and

22-10                (5)  the proposed use will not impair existing water

22-11    rights.

22-12          SECTION 6.  Section 11.175, Water Code, is amended to read as

22-13    follows:

22-14          Sec. 11.175.  NOTICE OF CANCELLATION HEARING.  Notice of the

22-15    cancellation hearing shall be mailed and published in a newspaper

22-16    as required by Subchapter J, Chapter 5, and commission rules.

22-17    [(a)  At least 45 days before the date of the hearing, the

22-18    commission shall send notice of the hearing to the holder of the

22-19    permit, certified filing, or certificate of adjudication being

22-20    considered for cancellation in whole or in part.  Notice shall be

22-21    sent by certified mail, return receipt requested, to the last

22-22    address shown by the records of the commission.  The commission

22-23    shall also send notice by regular mail to all other holders of

22-24    permits, certified filings, certificates of adjudication, and

22-25    claims of unadjudicated water rights filed pursuant to Section

22-26    11.303 of this code in the same watershed.]

22-27          [(b)  The commission shall also have the notice of the

 23-1    hearing published once a week for two consecutive weeks, at least

 23-2    30 days before the date of the hearing, in a newspaper published in

 23-3    each county in which diversion of water from the source of supply

 23-4    was authorized or proposed to be made and in each county in which

 23-5    the water was authorized or proposed to be used, as shown by the

 23-6    records of the commission.  If in any such county no newspaper is

 23-7    published, then the notice may be published in a newspaper having

 23-8    general circulation in the county.]

 23-9          SECTION 7.  Subsections (b) through (e), Section 26.022,

23-10    Water Code, are amended to read as follows:

23-11          (b)  Notice of the hearing shall be mailed and published in a

23-12    newspaper as required by Subchapter J, Chapter 5, and commission

23-13    rules [at least once in a newspaper regularly published or

23-14    circulated in each county where, by virtue of the county's

23-15    geographical relation to the subject matter of the hearing, the

23-16    commission has reason to believe persons reside who may be affected

23-17    by the action that may be taken as a result of the hearing.  The

23-18    date of the publication shall be not less than 20 days before the

23-19    date set for the hearing.]

23-20          [(c)  If notice of the hearing is required by this chapter to

23-21    be given to a person, the notice shall be served personally or

23-22    mailed not less than 20 days before the date set for the hearing to

23-23    the person at his last address known to the commission.  If the

23-24    party is not an individual, the notice may be given to any officer,

23-25    agent, or legal representative of the party].

23-26          (c) [(d)]  The individual or individuals holding the hearing,

23-27    called the hearing body, shall conduct the hearing at the time and

 24-1    place stated in the notice.  The hearing body may continue the

 24-2    hearing from time to time and from place to place without the

 24-3    necessity of publishing, serving, mailing, or otherwise issuing a

 24-4    new notice.

 24-5          (d) [(e)]  If a hearing is continued and a time and place for

 24-6    the hearing to reconvene are not publicly announced by the person

 24-7    conducting the hearing at the hearing before it is recessed, a

 24-8    notice of any further setting of the hearing shall be served

 24-9    personally or mailed in the manner prescribed by Subchapter J,

24-10    Chapter 5, [in Subsection (c) of this section] at a reasonable time

24-11    before the new setting, but it is not necessary to publish a

24-12    newspaper notice of the new setting.

24-13          SECTION 8.  Subsections (a), (b), and (d), Section 26.028,

24-14    Water Code, are amended to read as follows:

24-15          (a)  Notice [Except as provided in Subsections (b) and (c) of

24-16    this section, notice] shall be given as prescribed by Subchapter J,

24-17    Chapter 5 [to the persons who in the judgment of the commission may

24-18    be affected by an application for a permit, permit amendment, or

24-19    renewal of a permit.  For any application involving an average

24-20    daily discharge of five million gallons or more, the notice shall

24-21    be given not later than 20 days before the date on which the

24-22    commission acts on the application, to each county judge in the

24-23    county or counties located within 100 statute miles of the point of

24-24    discharge who have requested in writing that the commission give

24-25    that notice and through which water, into or adjacent to which

24-26    waste or pollutants are to be discharged under the permit, flows

24-27    after the discharge].  The commission, on the motion of a

 25-1    commissioner, or on the request of the executive director or any

 25-2    affected person, shall hold a public hearing on the application for

 25-3    a permit, permit amendment, or renewal of a permit.

 25-4          (b)  An application to amend a permit to improve the quality

 25-5    of waste authorized to be discharged may be set for consideration

 25-6    and may be acted on by the commission at a regular meeting without

 25-7    the necessity of holding a public hearing if the applicant does not

 25-8    seek to increase significantly the quantity of waste authorized to

 25-9    be discharged or change materially the pattern or place of

25-10    discharge.  Notice of the application shall be mailed as prescribed

25-11    by Subchapter J, Chapter 5 [to the mayor and health authorities for

25-12    the city or town, and the county judge and health authorities for

25-13    the county, in which the waste is or will be discharged, at least

25-14    10 days before the commission meeting, and they may present

25-15    information to the commission on the application].

25-16          (d)  For the purposes of Subsection (a), the commission may

25-17    act on the application without holding a public hearing if [all of

25-18    the following conditions are met]:

25-19                (1)  notice is given as required by Subchapter J,

25-20    Chapter 5 [not less than 30 days before the date of action on the

25-21    application by the commission, the applicant has published the

25-22    commission's notice of the application at least once in a newspaper

25-23    regularly published or circulated within each county where the

25-24    proposed facility or discharge is located and in each county

25-25    affected by the discharge]; and

25-26                (2)  a timely hearing request is not received.  [not

25-27    less than 30 days before the date of action on the application by

 26-1    the commission, the applicant has served or mailed the commission's

 26-2    notice of the application to persons who in the judgment of the

 26-3    commission may be affected, including the county judges as required

 26-4    by Subsection (a) of this section.  As part of his application the

 26-5    applicant shall submit an affidavit which lists the names and

 26-6    addresses of the persons who may be affected by the application and

 26-7    includes the source of the list;]

 26-8                [(3)  within 30 days after the date of the newspaper

 26-9    publication of the commission's notice, neither a commissioner, the

26-10    executive director, nor an affected person who objects to the

26-11    application has requested a public hearing.]

26-12          SECTION 9.  Subsections (c) and (d), Section 27.018, Water

26-13    Code, are amended to read as follows:

26-14          (c)  [Before the commission begins to hear testimony in a

26-15    contested case as defined by Chapter 2001, Government Code,

26-16    evidence must be placed in the record to demonstrate that proper

26-17    notice regarding the hearing was given to affected persons.  If

26-18    mailed notice to an affected person is required, the commission or

26-19    other party to the hearing shall place evidence in the record that

26-20    notice was mailed to the address of the affected person included in

26-21    the appropriate county tax rolls at the time of mailing.  For the

26-22    purposes of this subsection, the affidavit of the commission

26-23    employee responsible for the mailing of the notice, attesting to

26-24    the fact that notice was mailed to the address included in the tax

26-25    rolls at the time of mailing, shall be prima facie evidence of

26-26    proper mailing.  The commission may not proceed with receipt of

26-27    testimony in a contested case until there is compliance with this

 27-1    subsection.]

 27-2          [(d)]  An application for an injection well to dispose of

 27-3    hazardous waste shall be subject to the pre-application local

 27-4    review process established by Section 361.063, Health and Safety

 27-5    Code, and to the requirements of Section 361.0791, Health and

 27-6    Safety Code.

 27-7          SECTION 10.  Subsections (a) and (c), Section 361.079, Health

 27-8    and Safety Code, are amended to read as follows:

 27-9          (a)  Except as provided by Sections 361.080(b) and 361.081(b)

27-10    [361.081(c)], the commission by rule shall establish procedures for

27-11    public notice and a public hearing under Section 361.080 or

27-12    361.081.

27-13          (c)  To improve the timeliness of notice to the public of a

27-14    public hearing under Section 361.080 or 361.081, public notice of

27-15    receipt of the permit application shall be provided as prescribed

27-16    by Subchapter J, Chapter 5, Water Code [at the time a permit

27-17    application is submitted to the commission].

27-18          SECTION 11.  Subsections (c), (e), (f), and (g), Section

27-19    361.0791, Health and Safety Code, are amended to read as follows:

27-20          (c)  A public meeting held as part of a local review process

27-21    under Section 361.063 meets the requirement of Subsection (a) or

27-22    (b) if notice is provided as required by Subchapter J, Chapter 5,

27-23    Water Code [this section].

27-24          (e)  If a meeting is required under Subsection (a) or (b),

27-25    notice shall be provided as prescribed by Subchapter J, Chapter 5,

27-26    Water Code[, not less than once each week during the three weeks

27-27    preceding a public meeting, the applicant shall publish notice of

 28-1    the meeting in the newspaper of the largest general circulation

 28-2    that is published in the county in which the proposed facility is

 28-3    to be located or, if no newspaper is published in the county, in a

 28-4    newspaper of general circulation in the county.  The applicant

 28-5    shall provide the commission an affidavit certifying that the

 28-6    notice was given as required by this section.  Acceptance of the

 28-7    affidavit creates a rebuttable presumption that the applicant has

 28-8    complied with this section].

 28-9          (f)  [The published notice may not be smaller than 96.8

28-10    square centimeters or 15 square inches with the shortest dimension

28-11    at least 7.6 centimeters or three inches and shall contain, at a

28-12    minimum, the following information:]

28-13                [(1)  the permit application number;]

28-14                [(2)  the applicant's name;]

28-15                [(3)  the proposed location of the facility; and]

28-16                [(4)  the location and availability of copies of the

28-17    permit application.]

28-18          [(g)]  The applicant shall pay the cost of notice required to

28-19    be provided under this section.  The commission by rule may

28-20    establish procedures for payment of those costs.

28-21          SECTION 12.  Subsection (b), Section 361.080, Health and

28-22    Safety Code, is amended to read as follows:

28-23          (b)  Notice for a hearing session held under this section

28-24    shall be provided in accordance with Subchapter J, Chapter 5, Water

28-25    Code [Section 361.0791].

28-26          SECTION 13.  Section 361.081, Health and Safety Code, is

28-27    amended to read as follows:

 29-1          Sec. 361.081.  NOTICE OF HEARING CONCERNING APPLICATION FOR A

 29-2    SOLID WASTE FACILITY.  (a)  The commission shall require the

 29-3    applicant to mail notice as prescribed by Subchapter J, Chapter 5,

 29-4    Water Code [to each residential or business address located within

 29-5    one-half mile of a new solid waste management facility and to each

 29-6    owner of real property located within one-half mile of a new solid

 29-7    waste management facility listed in the real property appraisal

 29-8    records of the appraisal district in which the solid waste

 29-9    management facility is sought to be permitted as of the date the

29-10    commission determines the permit application is administratively

29-11    complete.  The notice must be sent by mail and must be deposited

29-12    with the United States postal service not more than 45 days or less

29-13    than 30 days before the date of the hearing].

29-14          (b)  [The applicant must certify to the commission that the

29-15    mailings were deposited as required by Subsection (a).  Acceptance

29-16    of the certification creates a rebuttable presumption that the

29-17    applicant has complied with this section.  Substantial compliance

29-18    with the notice requirements of Subsection (a) is sufficient for

29-19    the commission to exercise jurisdiction over an application for a

29-20    solid waste facility.]

29-21          [(c)]  In addition to the requirements of Subsection (a), the

29-22    commission shall hold a public meeting and the applicant shall give

29-23    notice concerning the application for a permit for a new hazardous

29-24    waste management facility as provided by Section 361.0791 of this

29-25    code and Subchapter J, Chapter 5, Water Code.

29-26          SECTION 14.  Subsections (c) and (d), Section 361.082, Health

29-27    and Safety Code, are amended to read as follows:

 30-1          (c)  The commission by rule shall establish procedures for

 30-2    public notice and public hearing.  At a minimum, the rules shall

 30-3    include the public notice requirements set forth in Subchapter J,

 30-4    Chapter 5, Water Code [Section 361.081].

 30-5          (d)  In addition to the hearing held under this section, the

 30-6    commission shall hold a public meeting and the applicant shall give

 30-7    notice as provided by Section 361.0791 of this code and Subchapter

 30-8    J, Chapter 5, Water Code.

 30-9          SECTION 15.  Sections 382.031, 382.0516, and 382.056, Health

30-10    and Safety Code, are amended to read as follows:

30-11          Sec. 382.031.  NOTICE OF HEARINGS.  (a)  Notice of a hearing

30-12    regarding a permit under Section 382.0518, 382.055, or 382.058

30-13    [this chapter] shall be published in a newspaper as prescribed by

30-14    Subchapter J, Chapter 5, Water Code [at least once in a newspaper

30-15    of general circulation in the municipality in which the facility is

30-16    located or is proposed to be located or in the municipality nearest

30-17    to the location or proposed location of the facility.  The notice

30-18    must be published not less than 30 days before the date set for the

30-19    hearing].

30-20          (b)  [Notice of the hearing must describe briefly and in

30-21    summary form the purpose of the hearing and the date, time, and

30-22    place of the hearing.]

30-23          [(c)  If notice of the hearing is required by this chapter to

30-24    be given to a person, the notice shall be served personally or

30-25    mailed to the person at the person's most recent address known to

30-26    the commission not less than 30 days before the date set for the

30-27    hearing.  If the party is not an individual, the notice may be

 31-1    given to an officer, agent, or legal representative of the party.]

 31-2          [(d)]  The hearing body shall conduct the hearing at the time

 31-3    and place stated in the notice.  The hearing body may continue the

 31-4    hearing from time to time and from place to place without the

 31-5    necessity of publishing, serving, mailing, or otherwise issuing new

 31-6    notice.  If a hearing is continued and a time and place for the

 31-7    hearing to reconvene are not publicly announced by the hearing body

 31-8    at the hearing before it is recessed, a notice of any further

 31-9    setting of the hearing shall be served personally or mailed in the

31-10    manner prescribed by Subchapter J, Chapter 5, Water Code,

31-11    [Subsection (c)] at a reasonable time before the new setting, but

31-12    it is not necessary to publish a newspaper notice of the new

31-13    setting.  In this subsection, "hearing body" means the individual

31-14    or individuals that hold a hearing under this section.

31-15          [(e)  This section applies to all hearings held under this

31-16    chapter except as otherwise specified by Section 382.017, 382.026,

31-17    or 382.063.]

31-18          Sec. 382.0516.  NOTICE TO STATE SENATOR AND REPRESENTATIVE.

31-19    On receiving an application for a federal [construction permit, a

31-20    special permit, or an] operating permit for a facility that may

31-21    emit air contaminants, the commission shall send notice of the

31-22    application to the state senator and representative who represent

31-23    the area in which the facility is or will be located.

31-24          Sec. 382.056.  NOTICE OF APPLICATION AND OPPORTUNITY TO

31-25    REQUEST A [INTENT TO OBTAIN PERMIT OR PERMIT REVIEW;] HEARING.

31-26    (a)  An applicant for a permit under Section 382.0518 [or 382.054]

31-27    or a permit renewal review under Section 382.055 shall publish

 32-1    notice of application and opportunity to request a hearing as

 32-2    prescribed by Subchapter J, Chapter 5, Water Code [intent to obtain

 32-3    the permit or permit review.  The commission by rule may require an

 32-4    applicant for a federal operating permit to publish notice of

 32-5    intent to obtain a permit or permit review consistent with federal

 32-6    requirements and with the requirements of this section.  The

 32-7    applicant shall publish the notice at least once in a newspaper of

 32-8    general circulation in the municipality in which the facility or

 32-9    federal source is located or is proposed to be located or in the

32-10    municipality nearest to the location or proposed location of the

32-11    facility or federal source.  If the elementary or middle school

32-12    nearest to the facility or proposed facility provides a bilingual

32-13    education program as required by Section 21.109, Education Code,

32-14    and Section 19 TAC Subsection 89.2(a), the applicant shall also

32-15    publish the notice at least once in an additional publication of

32-16    general circulation in the municipality or county in which the

32-17    facility is located or proposed to be located that is published in

32-18    the language taught in the bilingual education program.  This

32-19    requirement is waived if such a publication does not exist or if

32-20    the publisher refuses to publish the notice.  The commission by

32-21    rule shall prescribe when notice must be published and may require

32-22    publication of additional notice.  Notice required to be published

32-23    under this section shall only be required to be published in the

32-24    United States].

32-25          (b)  [The notice must include:]

32-26                [(1)  a description of the location or proposed

32-27    location of the facility or federal source;]

 33-1                [(2)  a statement that a person who may be affected by

 33-2    emissions of air contaminants from the facility, proposed facility,

 33-3    or federal source is entitled to request a hearing from the

 33-4    commission;]

 33-5                [(3)  a description of the manner in which the

 33-6    commission may be contacted for further information; and]

 33-7                [(4)  any other information the commission by rule

 33-8    requires.]

 33-9          [(c)  At the site of a facility, proposed facility, or

33-10    federal source for which an applicant is required to publish notice

33-11    under this section, the applicant shall place a sign declaring the

33-12    filing of an application for a permit or permit review for a

33-13    facility at the site and stating the manner in which the commission

33-14    may be contacted for further information.  The commission shall

33-15    adopt any rule necessary to carry out this subsection.]

33-16          [(d)]  Except as provided by [Section 382.0561 or] Subsection

33-17    (c) [(e)], the commission or its delegate shall hold a public

33-18    hearing on the permit application or permit renewal application

33-19    before granting the permit or renewal if a person who may be

33-20    affected by the emissions, or a member of the legislature from the

33-21    general area in which the facility or proposed facility is located,

33-22    requests a hearing within the period set by commission rule.  The

33-23    commission shall not hold a hearing if the basis of a request by a

33-24    person who may be affected is determined to be unreasonable.

33-25    Reasons for which a request for a hearing on a permit amendment,

33-26    modification, or renewal shall be considered to be unreasonable

33-27    include, but are not limited to, an amendment, modification, or

 34-1    renewal that would not result in an increase in allowable emissions

 34-2    and would not result in the emission of an air contaminant not

 34-3    previously emitted.

 34-4          (c) [(e)]  Notwithstanding other provisions of this chapter,

 34-5    the commission may hold a hearing on a permit amendment,

 34-6    modification, or renewal if the commission [board] determines that

 34-7    the application involves a facility for which the applicant's

 34-8    compliance history contains violations which are unresolved and

 34-9    which constitute a recurring pattern of egregious conduct which

34-10    demonstrates a consistent disregard for the regulatory process,

34-11    including the failure to make a timely and substantial attempt to

34-12    correct the violations.

34-13          SECTION 16.  Section 382.0561, Health and Safety Code, is

34-14    amended by amending Subsections (b) through (i) and adding

34-15    Subsections (j) through (u) to read as follows:

34-16          (b)  At the time an application for a federal operating

34-17    permit is filed with the executive director and is administratively

34-18    complete, the commission shall give notice of the application to

34-19    any person who may be affected by the granting of the permit.

34-20          (c)  At the time an application for any formal action by the

34-21    commission that will affect lands dedicated to the permanent school

34-22    fund is filed with the executive director or the commission and is

34-23    administratively complete, the commission shall give notice of the

34-24    application to the School Land Board.  Notice shall be delivered by

34-25    certified mail, return receipt requested, addressed to the deputy

34-26    commissioner of the asset management division of the General Land

34-27    Office.  Delivery is not complete until the return receipt is

 35-1    signed by the deputy commissioner of the asset management division

 35-2    of the General Land Office and returned to the commission.

 35-3          (d)  The commission shall adopt rules governing notice

 35-4    required by this section.

 35-5          (e)  A notice required by Subsection (b) or (c) must:

 35-6                (1)  state the identifying number given the application

 35-7    by the commission;

 35-8                (2)  state the type of permit or license sought under

 35-9    the application;

35-10                (3)  state the name and address of the applicant;

35-11                (4)  state the date on which the application was

35-12    submitted; and

35-13                (5)  include a brief summary of the information

35-14    included in the application.

35-15          (f)  In addition to including the information required by

35-16    Subsection (e), a notice under Subsection (c) must:

35-17                (1)  state the location of the permanent school fund

35-18    land to be affected; and

35-19                (2)  describe any foreseeable impact or effect the

35-20    commission's action may have on permanent school fund land.

35-21          (g)  On determination that an application for a federal

35-22    operating permit under Sections 382.054-382.0542 or a renewal of a

35-23    federal operating permit under Section 382.0543 is administratively

35-24    complete and before the beginning of the public comment period, the

35-25    commission or its designee shall prepare a draft permit.

35-26          (h) [(c)]  The commission or its designee shall hold a public

35-27    hearing on a federal operating permit, a reopening of a federal

 36-1    operating permit, or renewal application before granting the permit

 36-2    or renewal if within the public comment period a person who may be

 36-3    affected by the emissions or a member of the legislature from the

 36-4    general area in which the facility is located requests a hearing.

 36-5    The commission or its designee is not required to hold a hearing if

 36-6    the basis of the request by a person who may be affected is

 36-7    determined to be unreasonable.

 36-8          (i) [(d)]  The following shall be available for public

 36-9    inspection in at least one location in the general area where the

36-10    facility is located:

36-11                (1)  information submitted by the application, subject

36-12    to applicable confidentiality laws;

36-13                (2)  the executive director's analysis of the proposed

36-14    action; and

36-15                (3)  a copy of the draft permit.

36-16          (j) [(e)]  The commission or its designee shall hold a public

36-17    comment period on a federal operating permit application, a federal

36-18    operating permit reopening application, or a federal operating

36-19    permit renewal application under Sections 382.054-382.0542 or

36-20    382.0543.  Any person may submit a written statement to the

36-21    commission during the public comment period.  The commission or its

36-22    designee shall receive public comment for 30 days after the date on

36-23    which notice of the public comment period is published.  The

36-24    commission or its designee may extend or reopen the comment period

36-25    if the commission or its designee [executive director] finds an

36-26    extension or reopening to be appropriate.

36-27          (k)  The commission by rule may require an applicant for a

 37-1    federal operating permit to publish notice of public comment period

 37-2    and opportunity for a hearing consistent with federal requirements

 37-3    and the requirements of this section.  The applicant shall publish

 37-4    the notice at least once in a newspaper of general circulation in

 37-5    the municipality in which the federal source is located or is

 37-6    proposed to be located or in the municipality nearest to the

 37-7    location or proposed location of the federal source.  The

 37-8    commission by rule shall prescribe when notice must be published

 37-9    and may require publication of additional notice.  Notice required

37-10    to be published under this section is only required to be published

37-11    in the United States.

37-12          (l)  The notice described by Subsection (k) must include:

37-13                (1)  a description of the location or proposed location

37-14    of the federal source;

37-15                (2)  a statement that a person who may be affected by

37-16    emissions of air contaminants from the federal source or proposed

37-17    federal source is entitled to request a hearing from the

37-18    commission;

37-19                (3)  a description of the manner in which the

37-20    commission may be contacted for further information; and

37-21                (4)  any other information the commission by rule

37-22    requires.

37-23          (m)  At the site of a federal source or proposed federal

37-24    source for which an applicant is required to publish notice under

37-25    this section, the applicant shall post a sign that:

37-26                (1)  declares the filing of an application for a permit

37-27    or permit review for a facility at the site; and

 38-1                (2)  states the manner in which the commission may be

 38-2    contacted for further information.

 38-3          (n)  The commission shall adopt any rule necessary to carry

 38-4    out Subsection (m).

 38-5          (o)  Notice of a hearing shall be published at least once in

 38-6    a newspaper of general circulation in the municipality in which the

 38-7    facility is located or is proposed to be located or in the

 38-8    municipality nearest to the location or proposed location of the

 38-9    facility.  The notice must be published not less than the 30th day

38-10    before the date set for the hearing.

38-11          (p)  Notice of the hearing must describe briefly and in

38-12    summary form:

38-13                (1)  the purpose of the hearing; and

38-14                (2)  the date, time, and place of the hearing.

38-15          (q)  If notice of the hearing is required by this chapter to

38-16    be given to a person, the notice must be served personally or

38-17    mailed to the person at the person's most recent address known to

38-18    the commission not less than the 30th day before the date set for

38-19    the hearing.  If the person is not an individual, the notice may be

38-20    given to an officer, agent, or legal representative of the person.

38-21          (r)  The hearing body shall conduct the hearing at the time

38-22    and place stated in the notice.  The hearing body may continue the

38-23    hearing from time to time and from place to place without the

38-24    necessity of publishing, serving, mailing, or otherwise issuing new

38-25    notice.  If a hearing is continued and a time and place for the

38-26    hearing to reconvene are not publicly announced by the hearing body

38-27    at the hearing before it is recessed, a notice of any further

 39-1    setting of the hearing shall be served personally or mailed in the

 39-2    manner prescribed by Subsection (q) at a reasonable time before the

 39-3    new setting, but it is not necessary to publish a newspaper notice

 39-4    of the new setting.  In this subsection, "hearing body" means the

 39-5    individual or individuals that hold a hearing under this section.

 39-6          (s) [(f)  Notice of the public comment period and opportunity

 39-7    for a hearing under this section shall be published in accordance

 39-8    with Section 382.056.]

 39-9          [(g)]  Any person may submit an oral or written statement

39-10    concerning the application at the hearing.  The individual holding

39-11    the hearing may set reasonable limits on the time allowed for oral

39-12    statements at the hearing.  The public comment period extends to

39-13    the close of the hearing and may be further extended or reopened if

39-14    the commission or its designee finds an extension or reopening to

39-15    be appropriate.

39-16          (t) [(h)]  Any person, including the applicant, who believes

39-17    that any condition of the draft permit is inappropriate or that the

39-18    preliminary decision of the commission or its designee to issue or

39-19    deny a permit is inappropriate must raise all reasonably

39-20    ascertainable issues and submit all reasonably available arguments

39-21    supporting that position by the end of the public comment period.

39-22          (u) [(i)]  The commission or its designee shall consider all

39-23    comments received during the public comment period and at the

39-24    public hearing in determining whether to issue the permit and what

39-25    conditions should be included if a permit is issued.

39-26          SECTION 17.  Subsections (a) and (c), Section 382.058, Health

39-27    and Safety Code, are amended to read as follows:

 40-1          (a)  A person may not begin construction on any concrete

 40-2    plant that performs wet batching, dry batching, or central mixing

 40-3    under an exemption adopted by the commission under Section 382.057

 40-4    unless the person has complied with the notice and opportunity for

 40-5    hearing provisions for an air quality permit under Section 382.056

 40-6    of this code and Subchapter J, Chapter 5, Water Code.

 40-7          (c)  For purposes of this section, only those persons

 40-8    actually residing in a permanent residence within 440 yards of the

 40-9    proposed plant may request a hearing under Section 382.056(b)

40-10    [382.056(d)] as a person who may be affected.

40-11          SECTION 18.  Subsection (b), Section 401.113, Health and

40-12    Safety Code, is amended to read as follows:

40-13          (b)  The agency shall make the analysis available to the

40-14    public not later than the 30th [31st] day before the date of a

40-15    hearing under Section 401.114.

40-16          SECTION 19.  Section 401.114, Health and Safety Code, is

40-17    amended to read as follows:

40-18          Sec. 401.114.  NOTICE AND HEARING.  (a)  Before the

40-19    department [or commission], within its jurisdiction, grants or

40-20    renews a license to process [or dispose of] radioactive waste from

40-21    other persons, the department [agency] shall give notice and shall

40-22    provide an opportunity for a public hearing in the manner provided

40-23    by the department's [agency's] formal hearing procedures

40-24    [procedure] and Chapter 2001, Government Code.

40-25          (b)  Before the commission, within its jurisdiction, grants

40-26    or renews a license to dispose of radioactive waste from other

40-27    persons, the commission shall:

 41-1                (1)  give notice as prescribed by Subchapter J, Chapter

 41-2    5, Water Code; and

 41-3                (2)  provide an opportunity for a public hearing in the

 41-4    manner provided by the commission's formal hearing procedures and

 41-5    Chapter 2001, Government Code.

 41-6          (c)  In addition to other notice, the department or

 41-7    commission, within its jurisdiction, [agency] shall publish notice

 41-8    of the hearing in the manner provided by Chapter 313, Government

 41-9    Code, in the county in which the proposed facility is to be

41-10    located.  The notice shall state the subject and the time, place,

41-11    and date of the hearing.

41-12          (d) [(c)]  The department [agency] shall mail, by certified

41-13    mail in the manner provided by the department's [agency's] rules,

41-14    written notice to each person who owns property adjacent to the

41-15    proposed site.  The notice must be mailed not later than the 31st

41-16    day before the date of the hearing and must include the same

41-17    information that is in the published notice.  If true, the

41-18    department [agency] or the applicant must certify that the notice

41-19    was mailed as required by this subsection, and at the hearing the

41-20    certificate is conclusive evidence of the mailing.

41-21          (e)  The commission shall mail notice as prescribed by

41-22    Subchapter J, Chapter 5, Water Code.

41-23          SECTION 20.  Section 401.116, Health and Safety Code, is

41-24    amended by amending Subsections (b), (c), and (d) and adding

41-25    Subsection (e) to read as follows:

41-26          (b)  The department [or commission, as appropriate,] shall

41-27    publish notice of a [the] license amendment within its jurisdiction

 42-1    once in the Texas Register and in a newspaper of general

 42-2    circulation in the county in which the licensed activity is located

 42-3    and shall give notice to any person who has notified the agency, in

 42-4    advance, of the desire to receive notice of proposed amendment of

 42-5    the license.

 42-6          (c)  Notice under Subsection (b) [this section] must include:

 42-7                (1)  the identity of the license holder;

 42-8                (2)  identification of the license; and

 42-9                (3)  a short and plain statement of the license

42-10    amendment's substance.

42-11          (d)  The department [agency] shall give notice and hold a

42-12    hearing to consider the license amendment within its jurisdiction

42-13    if a person affected files a written complaint with the department

42-14    [agency] before the 31st day after the date on which notice is

42-15    published under Subsection (b).  The department [agency] shall give

42-16    notice of the hearing as provided by Section 401.114.

42-17          (e)  The commission shall publish notice of a license

42-18    amendment within its jurisdiction as prescribed by Subchapter J,

42-19    Chapter 5, Water Code, and shall provide an opportunity for a

42-20    public hearing in the manner provided by the commission's formal

42-21    hearing procedures.

42-22          SECTION 21.  Subsection (c), Section 401.263, Health and

42-23    Safety Code, is amended to read as follows:

42-24          (c)  The commission shall give notice of the analysis as

42-25    provided by agency rule and shall make the analysis available to

42-26    the public for written comment not later than the 30th [31st] day

42-27    before the date of the hearing on the license.

 43-1          SECTION 22.  Sections 361.0641 and 361.083, Health and Safety

 43-2    Code, are repealed.

 43-3          SECTION 23.  The changes in law made by this Act apply only

 43-4    to a notice given on or after the effective date of this Act.  A

 43-5    notice given before the effective date of this Act is governed by

 43-6    the law as it existed immediately before the effective date of this

 43-7    Act, and that law is continued in effect for that purpose.

 43-8          SECTION 24.  This Act takes effect September 1, 1997.

 43-9          SECTION 25.  The importance of this legislation and the

43-10    crowded condition of the calendars in both houses create an

43-11    emergency and an imperative public necessity that the

43-12    constitutional rule requiring bills to be read on three several

43-13    days in each house be suspended, and this rule is hereby suspended.