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.