1-1     By:  Lucio                                            S.B. No. 1520

 1-2           (In the Senate - Filed March 13, 1997; March 20, 1997, read

 1-3     first time and referred to Committee on Natural Resources;

 1-4     April 17, 1997, reported favorably by the following vote:  Yeas 9,

 1-5     Nays 0; April 17, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to amendment or modification of certain permits and

 1-9     licenses issued by the Texas Natural Resource Conservation

1-10     Commission.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Chapter 5, Water Code, is amended by adding

1-13     Subchapter J to read as follows:

1-14                  SUBCHAPTER J.  AMENDMENT OR MODIFICATION

1-15                           OF PERMITS OR LICENSES

1-16           Sec. 5.401.  AMENDMENT OR MODIFICATION GENERALLY.  (a)  The

1-17     commission may amend or modify a permit or license issued by the

1-18     commission.

1-19           (b)  The commission by rule shall adopt reasonable procedures

1-20     to amend or modify a permit or license.

1-21           (c)  Section 5.312 applies to a decision on an application to

1-22     amend a permit.

1-23           (d)  This subchapter does not apply to an amendment to which

1-24     Section 11.122 applies.

1-25           Sec. 5.402.  SOLID WASTE PERMITS.  (a)  This section applies

1-26     to a permit issued by the commission under Chapter 361, Health and

1-27     Safety Code.

1-28           (b)  The procedures prescribed by Section 361.067, Health and

1-29     Safety Code, apply to an application to amend a permit.

1-30           (c)  Before amending a permit, the commission:

1-31                 (1)  shall give notice and hold a public meeting as

1-32     provided by Section 361.0791, Health and Safety Code;

1-33                 (2)  shall provide the applicant and affected persons

1-34     an opportunity for a hearing; and

1-35                 (3)  may hold a hearing on its own motion.

1-36           (d)  Unless otherwise provided by those sections, Sections

1-37     361.084, 361.085, 361.0871, 361.0885, 361.089, and 361.137, Health

1-38     and Safety Code, apply to an application to amend a permit.

1-39           (e)  Unless otherwise provided by those sections, Sections

1-40     361.0791 and 361.137, Health and Safety Code, apply to modification

1-41     of a permit.

1-42           Sec. 5.403.  AIR POLLUTION PERMITS.  (a)  This section

1-43     applies to a permit issued under Chapter 382, Health and Safety

1-44     Code.

1-45           (b)  If permits for two or more facilities are consolidated

1-46     into a single permit under Section 382.0511, Health and Safety

1-47     Code, and the consolidated permit is reopened for consideration of

1-48     an amendment relating to one facility covered by the permit, the

1-49     permit is not considered reopened with respect to another facility

1-50     covered by the permit unless Chapter 382, Health and Safety Code,

1-51     specifically authorizes or requires that the permit be reopened

1-52     with respect to that facility in order to protect the public's

1-53     health or property.

1-54           (c)  Unless otherwise provided by those sections, Sections

1-55     382.0511, 382.0512, 382.0518, 382.056, 382.0591, and 382.062,

1-56     Health and Safety Code, apply to an application to amend a permit.

1-57           (d)  The commission may issue a permit for the modification

1-58     of an existing facility as defined by Section 382.003, Health and

1-59     Safety Code.

1-60           (e)  Unless otherwise provided by those sections, Sections

1-61     382.051, 382.0511, 382.0512, 382.0518, 382.052, 382.0541, 382.0542,

1-62     382.056, 382.0563, 382.057, 382.059, and 382.062, Health and Safety

1-63     Code, apply to the modification of an existing facility.

1-64           Sec. 5.404.  WATER POLLUTION PERMITS.  (a)  This section

 2-1     applies to a permit issued by the commission under Chapter 26.

 2-2           (b)  The commission on application of a permit holder may

 2-3     amend a permit.

 2-4           (c)  An application must contain:

 2-5                 (1)  if the applicant is an individual:

 2-6                       (A)  the applicant's full legal name and date of

 2-7     birth;

 2-8                       (B)  the street address of the applicant's place

 2-9     of residence;

2-10                       (C)  the identifying number from the applicant's

2-11     driver's license or personal identification certificate issued by

2-12     the state or country in which the applicant resides;

2-13                       (D)  the applicant's sex; and

2-14                       (E)  any assumed business or professional name of

2-15     the applicant filed under Chapter 36, Business & Commerce Code; and

2-16                 (2)  any other information reasonably required by the

2-17     commission.

2-18           (d)  The commission may set for consideration an application

2-19     to amend a permit to improve the quality of waste authorized to be

2-20     discharged and act on the application at a regular meeting without

2-21     holding a public hearing if the applicant:

2-22                 (1)  does not seek to increase significantly the

2-23     quantity of waste authorized to be discharged; or

2-24                 (2)  change materially the pattern or place of

2-25     discharge.

2-26           (e)  Not later than the 11th day before the date of a meeting

2-27     described by Subsection (d), the commission shall mail notice of

2-28     the application to:

2-29                 (1)  the mayor and health authorities for the

2-30     municipality, if any, in which the waste is or will be discharged;

2-31     and

2-32                 (2)  the county judge and health authorities for the

2-33     county in which the waste is or will be discharged.

2-34           (f)  The officials described by Subsection (e) may present

2-35     information to the commission at a meeting described by Subsection

2-36     (d).

2-37           (g)  Unless those sections provide otherwise, Sections

2-38     26.027, 26.028, 26.0281, 26.0282, 26.0283, 26.029, and 26.048 apply

2-39     to an application to amend a permit.

2-40           Sec. 5.405.  RADIOACTIVE WASTE PROCESSING OR DISPOSAL

2-41     LICENSES.  (a)  This section applies to a license issued by the

2-42     commission under Chapter 401, Health and Safety Code.

2-43           (b)  An amendment to a license may take effect immediately.

2-44           (c)  The commission shall:

2-45                 (1)  publish notice of the proposed amendment:

2-46                       (A)  in the Texas Register; and

2-47                       (B)  in a newspaper of general circulation in the

2-48     county in which the licensed activity is located; and

2-49                 (2)  give notice to any person who has requested to

2-50     receive notice of the proposed amendment.

2-51           (d)  Notice under Subsection (c) must include:

2-52                 (1)  the name of the license holder;

2-53                 (2)  a description of the license; and

2-54                 (3)  a short and plain statement of the proposed

2-55     amendment's substance.

2-56           (e)  The commission shall hold a hearing on the amendment if

2-57     an affected person files a written complaint with the commission

2-58     not later than the 30th day after the date on which notice is

2-59     published under Subsection (c).  The commission shall give notice

2-60     of the hearing under Section 401.114, Health and Safety Code.

2-61           (f)  Sections 401.107 and 401.118, Health and Safety Code,

2-62     apply to an application to modify a license.

2-63           SECTION 2.  Section 26.028, Water Code, is amended to read as

2-64     follows:

2-65           Sec. 26.028.  ACTION ON APPLICATION.  (a)  Except as provided

2-66     in Section 5.404(d) and Subsection [Subsections] (b) [and (c)] of

2-67     this section, notice shall be given to the persons who in the

2-68     judgment of the commission may be affected by an application for a

2-69     permit, permit amendment, or renewal of a permit.  For any

 3-1     application involving an average daily discharge of five million

 3-2     gallons or more, the notice shall be given not later than 20 days

 3-3     before the date on which the commission acts on the application, to

 3-4     each county judge in the county or counties located within 100

 3-5     statute miles of the point of discharge who have requested in

 3-6     writing that the commission give that notice and through which

 3-7     water, into or adjacent to which waste or pollutants are to be

 3-8     discharged under the permit, flows after the discharge.  The

 3-9     commission, on the motion of a commissioner, or on the request of

3-10     the executive director or any affected person, shall hold a public

3-11     hearing on the application for a permit, permit amendment, or

3-12     renewal of a permit.

3-13           (b)  [An application to amend a permit to improve the quality

3-14     of waste authorized to be discharged may be set for consideration

3-15     and may be acted on by the commission at a regular meeting without

3-16     the necessity of holding a public hearing if the applicant does not

3-17     seek to increase significantly the quantity of waste authorized to

3-18     be discharged or change materially the pattern or place of

3-19     discharge.  Notice of the application shall be mailed to the mayor

3-20     and health authorities for the city or town, and the county judge

3-21     and health authorities for the county, in which the waste is or

3-22     will be discharged, at least 10 days before the commission meeting,

3-23     and they may present information to the commission on the

3-24     application.]

3-25           [(c)]  An application to renew a permit for a confined animal

3-26     feeding operation which was issued between July 1, 1974, and

3-27     December 31, 1977, may be set for consideration and may be acted on

3-28     by the commission at a regular meeting without the necessity of

3-29     holding a public hearing if the applicant does not seek to

3-30     discharge into or adjacent to water in the state and does not seek

3-31     to change materially the pattern or place of disposal.

3-32           (c) [(d)]  For the purposes of Subsection (a), the commission

3-33     may act on the application without holding a public hearing if all

3-34     of the following conditions are met:

3-35                 (1)  not less than 30 days before the date of action on

3-36     the application by the commission, the applicant has published the

3-37     commission's notice of the application at least once in a newspaper

3-38     regularly published or circulated within each county where the

3-39     proposed facility or discharge is located and in each county

3-40     affected by the discharge;

3-41                 (2)  not less than 30 days before the date of action on

3-42     the application by the commission, the applicant has served or

3-43     mailed the commission's notice of the application to persons who in

3-44     the judgment of the commission may be affected, including the

3-45     county judges as required by Subsection (a) of this section.  As

3-46     part of his application the applicant shall submit an affidavit

3-47     which lists the names and addresses of the persons who may be

3-48     affected by the application and includes the source of the list;

3-49                 (3)  within 30 days after the date of the newspaper

3-50     publication of the commission's notice, neither a commissioner, the

3-51     executive director, nor an affected person who objects to the

3-52     application has requested a public hearing.

3-53           SECTION 3.  Subsection (e), Section 382.0511, and Section

3-54     401.116, Health and Safety Code, are repealed.

3-55           SECTION 4.  This Act takes effect September 1, 1997.

3-56           SECTION 5.  The importance of this legislation and the

3-57     crowded condition of the calendars in both houses create an

3-58     emergency and an imperative public necessity that the

3-59     constitutional rule requiring bills to be read on three several

3-60     days in each house be suspended, and this rule is hereby suspended.

3-61                                  * * * * *