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79R4862 SMH-D

By:  Shapleigh                                                    S.B. No. 667



A BILL TO BE ENTITLED

AN ACT

relating to certain circumstances under which the Texas Commission 
on Environmental Quality is required or authorized to deny or amend 
a permit under the Texas Clean Air Act.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 382, Health and Safety 
Code, is amended by adding Sections 382.059 and 382.0592 to read as 
follows:
	Sec. 382.059.  RESTRICTION ON ISSUANCE OR RENEWAL OF PERMIT 
IF APPLICANT IS NOT IN COMPLIANCE WITH CLEANUP OBLIGATIONS.  (a)  In 
this section, "contaminant" has the meaning assigned by Section 
361.601.
	(b)  Notwithstanding the other provisions of this chapter, 
the commission may not issue or renew a permit under this chapter if 
the applicant has been determined by an order of an agency of the 
federal government, an agency of this state or another state, a 
local government, or a court to not be in compliance with an 
obligation to clean up or remove a contaminant from a site located 
in this state or another state unless the applicant submits proof of 
financial responsibility showing to the satisfaction of the 
commission that the applicant has the ability to pay the costs of 
cleaning up or removing the contaminant from the site.
	(c)  An application for the issuance or renewal of a permit 
under this chapter must:
		(1)  disclose any order described by Subsection (b) to 
which the applicant is subject; or
		(2)  state that the applicant is not subject to an order 
described by Subsection (b).
	Sec. 382.0592.  PERMIT DENIAL OR AMENDMENT.  The commission 
may deny or amend a permit, a permit amendment, or a permit renewal 
if the commission finds, after notice and hearing, that:
		(1)  there is good cause to do so for reasons pertaining 
to public health, air or water pollution, or land use;
		(2)  the applicant or permit holder has a compliance 
history that is in the lowest classification under Sections 5.753 
and 5.754, Water Code, and rules adopted and procedures developed 
under those sections;
		(3)  the applicant or permit holder made a false or 
misleading statement in connection with an application submitted to 
the commission or its officers or employees, whether the statement 
is made in the application itself or in a written instrument 
relating to the application; or
		(4)  the applicant or permit holder is indebted to this 
state or a political subdivision of this state for a penalty or a 
delinquent tax or fee.
	SECTION 2.  The change in law made by this Act applies only 
to an application for a permit, permit amendment, or permit renewal 
that is filed with the Texas Commission on Environmental Quality 
under Chapter 382, Health and Safety Code, on or after the effective 
date of this Act.  An application for a permit, permit amendment, or 
permit renewal that is filed with the commission under that chapter 
before the effective date of this Act is governed by the law in 
effect on the date the application is filed, and that law is 
continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.