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                                  * * * * *