SRC-TJG S.B. 1250 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1250
78R5253 JTS-FBy: Armbrister
Natural Resources
4/14/2003
As Filed


DIGEST AND PURPOSE 

The 77th Texas Legislature amended Section 361.121, Health and Safety
Code, to prohibit certain responsible persons from applying Class B sludge
at a land application unit on or after September 1, 2003, without first
obtaining a permit from the Texas Commission on Environmental Quality
(TCEQ).  However, TCEQ has been unable to process the majority of the
permit applications submitted pursuant to Section 361.121 and the
statutory deadline is approaching.  As proposed, S.B. 1250 authorizes a
person who holds a registration for the application of a Class B sludge
for a beneficial use approved by the Texas Commission on Environmental
Quality (TCEQ) and who, on or before September 1, 2002, has submitted to
TCEQ an administratively complete application for a permit under this
section to apply Class B sludge in accordance with the terms of the
registration until TCEQ issues a final decision to issue or deny the
permit for which the person has applied. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 361.121, Health and Safety Code, by amending
Subsection (b) and adding Subsection (j), as follows: 

(b) Makes a conforming and nonsubstantive change.

(j) Authorizes a person who holds a registration for the application of a
Class B sludge for a beneficial use approved by the Texas Commission on
Environmental Quality (TCEQ) and who, on or before September 1, 2002, has
submitted to TCEQ an administratively complete application for a permit
under this section to apply Class B sludge in accordance with the terms of
the registration until TCEQ issues a final decision to issue or deny the
permit for which the person has applied. 

SECTION 2.  Effective date: September 1, 2003.