1-1 By: Seaman (Senate Sponsor - Armbrister) H.B. No. 480 1-2 (In the Senate - Received from the House April 30, 1999; 1-3 May 3, 1999, read first time and referred to Committee on Natural 1-4 Resources; May 12, 1999, reported favorably by the following vote: 1-5 Yeas 4, Nays 0; May 12, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to notice and hearing for an application for a permit for 1-9 a commercial surface disposal facility. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter D, Chapter 91, Natural Resources Code, 1-12 is amended by adding Sections 91.116 and 91.117 to read as follows: 1-13 Sec. 91.116. NOTICE OF COMMERCIAL SURFACE DISPOSAL FACILITY 1-14 PERMIT APPLICATION. (a) In this section, "commercial surface 1-15 disposal facility" means a facility whose primary business purpose 1-16 is to provide, for compensation, surface disposal of oil field 1-17 fluids or oil and gas wastes, including land application for 1-18 treatment and disposal. 1-19 (b) A person who files an application for a permit for a 1-20 commercial surface disposal facility shall publish notice of the 1-21 application in accordance with this section. 1-22 (c) The notice must include: 1-23 (1) the date the application was filed; 1-24 (2) a description of the location of the site for 1-25 which the application was made, including the county in which the 1-26 site is located, the name of the original survey and abstract 1-27 number, and the direction and distance from the nearest 1-28 municipality; 1-29 (3) the name of the owner of the site; 1-30 (4) the name of the applicant; 1-31 (5) the type of fluid or waste to be disposed of at 1-32 the facility; 1-33 (6) the disposal method proposed; and 1-34 (7) the procedure for protesting the application. 1-35 (d) The notice must be published: 1-36 (1) at least once each week for two consecutive weeks 1-37 with the first publication occurring not earlier than the date the 1-38 application is filed and not later than the 30th day after the date 1-39 on which the application is filed; and 1-40 (2) in a newspaper of general circulation in the 1-41 county in which the proposed disposal would occur. 1-42 Sec. 91.117. PUBLIC INFORMATION HEARING ON APPLICATION FOR 1-43 COMMERCIAL SURFACE DISPOSAL FACILITY PERMIT. (a) In this section, 1-44 "commercial surface disposal facility" has the meaning assigned by 1-45 Section 91.116. 1-46 (b) The commission may hold a public meeting to receive 1-47 public comment on an application for a commercial surface disposal 1-48 facility if the commission determines a public meeting is in the 1-49 public interest. 1-50 (c) The meeting must be held in the county in which the 1-51 proposed facility would be located. 1-52 SECTION 2. This Act takes effect September 1, 1999, and 1-53 applies only to an application filed on or after that date. 1-54 SECTION 3. The importance of this legislation and the 1-55 crowded condition of the calendars in both houses create an 1-56 emergency and an imperative public necessity that the 1-57 constitutional rule requiring bills to be read on three several 1-58 days in each house be suspended, and this rule is hereby suspended. 1-59 * * * * *