By:  Fraser                                  S.B. No. 1758

         97S0869/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to hearings on certain exemptions from permitting

 1-2     procedures under the Texas Clean Air Act.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 382.058, Health and Safety Code, is

 1-5     amended by adding Subsections (d) and (e) to read as follows:

 1-6           (d)  When the commission determines that a public hearing is

 1-7     required by this section, the hearing shall be held within 45 days

 1-8     after the date of the commission's determination and shall be

 1-9     conducted in accordance with the procedure for public hearings held

1-10     under Section 382.0561.  Dispersion modeling of emissions shall not

1-11     be received at such hearing or otherwise reviewed or considered in

1-12     connection with a proposed facility governed by this section.

1-13           (e)  Any appeal of commission action regarding a facility

1-14     governed by this section shall be brought pursuant to Section

1-15     382.032.  The record on appeal shall consist of all written and

1-16     oral substantive public comments, responses to comments, and other

1-17     information on which the commission based its decision.

1-18           SECTION 2.  The importance of this legislation and the

1-19     crowded condition of the calendars in both houses create an

1-20     emergency and an imperative public necessity that the

1-21     constitutional rule requiring bills to be read on three several

1-22     days in each house be suspended, and this rule is hereby suspended,

1-23     and that this Act take effect and be in force from and after its

 2-1     passage, and it is so enacted.