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A BILL TO BE ENTITLED
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AN ACT
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relating to notice and hearing requirements for an application to |
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transfer a municipal solid waste permit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 361.088, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 361.088. PERMIT ISSUANCE, AMENDMENT, EXTENSION, |
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TRANSFER, AND RENEWAL; NOTICE AND HEARING. |
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SECTION 2. Section 361.088, Health and Safety Code, is |
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amended by amending Subsections (a), (b), and (c) and adding |
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Subsection (d-1) to read as follows: |
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(a) The commission may amend, extend, transfer, or renew a |
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permit it issues in accordance with reasonable procedures |
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prescribed by the commission. |
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(b) The procedures prescribed by Section 361.067 for a |
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permit application apply to an application to amend, extend, |
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transfer, or renew a permit. |
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(c) Except as provided by Subsection (e), before a permit is |
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issued, amended, extended, transferred, or renewed, the commission |
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shall provide an opportunity for a hearing to the applicant and |
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persons affected. The commission may also hold a hearing on its own |
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motion. |
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(d-1) A person who submits an application to transfer a |
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municipal solid waste permit shall publish notice of intent to |
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transfer the permit in the manner Section 361.0665 provides for |
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publishing notice of intent to obtain a permit. The notice must |
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identify the permit holder and the proposed permit holder after the |
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transfer. The commission shall prescribe a reasonable time for |
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members of the public to provide comments and recommendations on |
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the application to transfer the permit before the commission acts |
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on the application. |
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SECTION 3. The changes in law made by Section 361.088, |
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Health and Safety Code, as amended by this Act, apply only to an |
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application to transfer a municipal solid waste permit that is |
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received by the Texas Commission on Environmental Quality on or |
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after the effective date of this Act. A permit transfer application |
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that is received before that date is governed by the law in effect |
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at the time the application is received, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. 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, 2009. |