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relating to authorizing a temporary wind up permit for a concentrated animal feeding operation the permit for which has been revoked.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.