By: West S.B. No. 1351

(In the Senate - Filed March 7, 2007; March 20, 2007, read first time and referred to Committee on Natural Resources; April 18, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 10, Nays 0; April 18, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1351 By: Brimer

A BILL TO BE ENTITLED

AN ACT

relating to a requirement that the Texas Commission on Environmental Quality provide notice related to certain permit applications to certain local officials.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 382.0516, Health and Safety Code, is amended to read as follows:

Sec. 382.0516. NOTICE TO STATE SENATOR, STATE [AND] REPRESENTATIVE, AND CERTAIN LOCAL OFFICIALS. (a) On receiving an application for a construction permit or an amendment to a construction permit, a special permit, or an operating permit for a facility that may emit air contaminants, the commission shall send notice of the application to the state senator and representative who represent the area in which the facility is or will be located.

(b) In addition to the notice required by Subsection (a), for an application that relates to an existing or proposed concrete batch plant, on receiving an application for a construction permit, an amendment to a construction permit, an operating permit, or an authorization to use a standard permit, the commission shall send notice of the application:

(1) to the county judge of the county in which the facility is or will be located; and

(2) if the facility is or will be located in a municipality or the extraterritorial jurisdiction of a municipality, to the extent that the offices or positions exist in the municipality, to:

(A) the presiding officer and each member of the municipality's governing body; and

(B) the city manager or city administrator of the municipality.

SECTION 2. The notice provisions under Section 382.0516, Health and Safety Code, as amended by this Act, apply only to an application for a permit that is submitted to the Texas Commission on Environmental Quality on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2007.

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