76R9287 JJT-F                           
         By Seaman                                              H.B. No. 480
         Substitute the following for H.B. No. 480:
         By Williams                                        C.S.H.B. No. 480
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to notice and hearing for an application for a permit for
 1-3     a commercial surface disposal facility.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter D, Chapter 91, Natural Resources Code,
 1-6     is amended by adding Sections 91.116 and 91.117 to read as follows:
 1-7           Sec. 91.116.  NOTICE OF COMMERCIAL SURFACE DISPOSAL FACILITY
 1-8     PERMIT APPLICATION.  (a)  In this section, "commercial surface
 1-9     disposal facility" means a facility whose primary business purpose
1-10     is to provide, for compensation, surface disposal of oil field
1-11     fluids or oil and gas wastes, including land application for
1-12     treatment and disposal.
1-13           (b)  A person who files an application for a permit for a
1-14     commercial surface disposal facility shall publish notice of the
1-15     application in accordance with this section.
1-16           (c)  The notice must include:
1-17                 (1)  the date the application was filed;
1-18                 (2)  a description of the location of the site for
1-19     which the application was made, including the county in which the
1-20     site is located, the name of the original survey and abstract
1-21     number, and the direction and distance from the nearest
1-22     municipality;
1-23                 (3)  the name of the owner of the site;
1-24                 (4)  the name of the applicant;
 2-1                 (5)  the type of fluid or waste to be disposed of at
 2-2     the facility;
 2-3                 (6)  the disposal method proposed; and
 2-4                 (7)  the procedure for protesting the application.
 2-5           (d)  The notice must be published:
 2-6                 (1)  at least once each week for two consecutive weeks
 2-7     with the first publication occurring not earlier than the date the
 2-8     application is filed and not later than the 30th day after the date
 2-9     on which the application is filed; and
2-10                 (2)  in a newspaper of general  circulation in the
2-11     county in which the proposed disposal would occur.
2-12           Sec. 91.117.  PUBLIC INFORMATION HEARING ON APPLICATION FOR
2-13     COMMERCIAL SURFACE DISPOSAL FACILITY PERMIT.  (a)  In this section,
2-14     "commercial surface disposal facility" has the meaning assigned by
2-15     Section 91.116.
2-16           (b)  The commission may hold a public meeting to receive
2-17     public comment on an application for a commercial surface disposal
2-18     facility if the commission determines a public meeting is in the
2-19     public interest.
2-20           (c)  The meeting must be held in the county in which the
2-21     proposed facility would be located.
2-22           SECTION 2.  This Act takes effect September 1, 1999, and
2-23     applies only to an application filed on or after that date.
2-24           SECTION 3.  The importance of this legislation and the
2-25     crowded condition of the calendars in both houses create an
2-26     emergency and an imperative public necessity that the
2-27     constitutional rule requiring bills to be read on three several
 3-1     days in each house be suspended, and this rule is hereby suspended.