80R6334 SLO-D
 
  By: Leibowitz H.B. No. 1882
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the agreement of certain counties to certain permit
applications submitted to the Texas Commission on Environmental
Quality.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter D, Chapter 5, Water Code, is amended
by adding Section 5.1145 to read as follows:
       Sec. 5.1145.  COUNTY AGREEMENT REQUIRED FOR CERTAIN PERMITS.
(a)  This section:
             (1)  applies only to an unincorporated area in a county
that:
                   (A)  has a population of more than 1.3 million;
and
                   (B)  is subject to an early action compact, as
defined by Section 382.301, Health and Safety Code; and
             (2)  does not apply to a public facility, as defined by
Section 303.003, Local Government Code.
       (b)  The commission may not finally approve a new permit or a
permit amendment or renewal under an air, waste, or water program
under the commission's jurisdiction that would authorize
activities by the permit holder that may result in an environmental
effect detrimental to the air or water quality of a county unless
the commissioners court of the county provides the commission the
court's written consent to the approval.
       (c)  A commissioners court may designate a person to consent
to the approval of a permit, amendment, or renewal on the court's
behalf.
       SECTION 2.  The change in law made by Section 5.1145, Water
Code, as added by this Act, applies to an application for a permit,
a permit amendment, or a permit renewal that is pending before or
finally decided by the Texas Commission on Environmental Quality on
or after the effective date of this Act regardless of the date on
which the application was submitted.
       SECTION 3.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.