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A BILL TO BE ENTITLED
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AN ACT
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relating to the agreement of certain counties to certain permit |
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applications submitted to the Texas Commission on Environmental |
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Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 5, Water Code, is amended |
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by adding Section 5.1145 to read as follows: |
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Sec. 5.1145. COUNTY AGREEMENT REQUIRED FOR CERTAIN PERMITS. |
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(a) This section: |
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(1) applies only to an unincorporated area in a county |
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that: |
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(A) has a population of more than 1.3 million; |
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and |
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(B) is subject to an early action compact, as |
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defined by Section 382.301, Health and Safety Code; and |
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(2) does not apply to a public facility, as defined by |
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Section 303.003, Local Government Code. |
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(b) The commission may not finally approve a new permit or a |
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permit amendment or renewal under an air, waste, or water program |
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under the commission's jurisdiction that would authorize |
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activities by the permit holder that may result in an environmental |
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effect detrimental to the air or water quality of a county unless |
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the commissioners court of the county provides the commission the |
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court's written consent to the approval. |
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(c) A commissioners court may designate a person to consent |
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to the approval of a permit, amendment, or renewal on the court's |
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behalf. |
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SECTION 2. The change in law made by Section 5.1145, Water |
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Code, as added by this Act, applies to an application for a permit, |
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a permit amendment, or a permit renewal that is pending before or |
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finally decided by the Texas Commission on Environmental Quality on |
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or after the effective date of this Act regardless of the date on |
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which the application was submitted. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |