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79R3782 JJT-F

By:  Miller                                                       H.B. No. 785



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concentrated animal feeding operation the permit for which has been 
revoked.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.  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, 2005.
	SECTION 3.  This Act takes effect September 1, 2005.