By: Creighton, Eissler (Senate Sponsor - Nichols) H.B. No. 1890
         (In the Senate - Received from the House May 8, 2009;
  May 8, 2009, read first time and referred to Committee on Natural
  Resources; May 23, 2009, reported favorably by the following vote:  
  Yeas 9, Nays 0; May 23, 2009, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to notification of applications for permits for certain
  injection wells.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 27.017, Water Code, is amended to read as
  follows:
         Sec. 27.017.  RECOMMENDATIONS FROM OTHER ENTITIES. (a)
  The executive director shall submit to the [Texas] Department of
  State Health Services and to other persons which the commission may
  designate copies of every application received in proper form.
  These entities may make recommendations to the commission
  concerning any aspect of the application within 30 days.
         (b)  If an application is received in proper form for a
  permit for an injection well to dispose of industrial and municipal
  waste and the proposed location of the injection well is in the
  territory of a groundwater conservation district, the executive
  director shall submit a copy of the application to the governing
  body of the groundwater conservation district. The groundwater
  conservation district may make recommendations to the commission
  concerning any aspect of the application in the same manner as an
  entity that submitted a copy of the application under Subsection
  (a).
         SECTION 2.  Section 27.018, Water Code, is amended by adding
  Subsection (e) to read as follows:
         (e)  In addition to the requirements of Subsection (c),
  before any testimony is heard in a contested case regarding an
  application for a permit for an injection well to dispose of
  industrial and municipal waste that is proposed to be located in the
  territory of a groundwater conservation district, the record of the
  proceeding must include evidence that:
               (1)  a copy of each draft permit proposed by the
  executive director was provided to the governing body of the
  groundwater conservation district; and
               (2)  notice of the contested case hearing was mailed to
  the governing body of the groundwater conservation district.
         SECTION 3.  The changes in law made by this Act apply only in
  regard to the provision of copies of and proceedings on an
  application for a permit for an injection well to dispose of
  industrial and municipal waste that is proposed to be located in the
  territory of a groundwater conservation district that is received
  in proper form by the Texas Commission on Environmental Quality on
  or after the effective date of this Act.
         SECTION 4.  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, 2009.
 
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