78R5250 MI-D
By: Miller H.B. No. 1148
A BILL TO BE ENTITLED
AN ACT
relating to authorizing a temporary wind up permit for a
concentrated animal feeding operation the permit for which has been
revoked.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 26, Water Code, is amended
by adding Section 26.0287 to read as follows:
Sec. 26.0287. TEMPORARY WIND UP PERMIT FOR CONCENTRATED
ANIMAL FEEDING OPERATION. (a) The commission shall issue a
temporary wind up permit to a person whose permit to operate a
concentrated animal feeding operation is revoked. The term of the
temporary wind up permit is six months.
(b) If the revocation of the permit is appealed, the agency
or court hearing the appeal by order shall extend the temporary wind
up permit for the duration of the appeal process and by order shall
extend the wind up permit for three months from the date of the
appeals decision if the decision supports the revocation.
SECTION 2. (a) This Act takes effect September 1, 2003.
(b) The change in law made by Section 26.0287, Water Code,
as added by this Act, applies only to a permit revocation proceeding
that is initiated on or after September 1, 2003.