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BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1295

81R3170 TRH-D                                                                         By: Aycock, Maldonado (Averitt)

                                                                                                                               Natural Resources

                                                                                                                                            5/22/2009

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law, counties and groundwater districts are not required to be notified of a sewer or water notice of public convenience or necessity application.

 

H.B. 1295 requires the Texas Commission on Environmental Quality to cause notice of a filing of an application for a certificate of public convenience and necessity or for an amendment to a certificate to be given to each county and groundwater conservation district that is wholly or partly included in the area proposed to be certified.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 13.246(a), Water Code, as follows:

 

(a)  Requires the Texas Commission on Environmental Quality (TCEQ), if an application for a certification of public convenience and necessity or for an amendment to a certificate is filed, to cause notice of the application to be given to affected parties and to each county and groundwater conservation district that is wholly or partly included in the area proposed to be certified.  Requires TCEQ, if requested, to fix a time and place for a hearing and give notice of the hearing.

 

SECTION 2.  Makes application this Act prospective.

 

SECTION 3.  Effective date:  September 1, 2009.