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A BILL TO BE ENTITLED
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AN ACT
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relating to electronic notices by the Texas Commission on |
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Environmental Quality, electronically stored information provided |
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by a governmental body, and confidentiality of e-mail addresses |
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provided to a governmental body. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5.128, Water Code, is amended to read as |
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follows: |
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Sec. 5.128. Electronic Reporting to the Commission; |
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Electronic Transmission of Information by the Commission; |
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Reduction of Duplicate Reporting. (a) The commission shall |
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encourage the use of electronic reporting through the Internet, to |
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the extent practicable, for reports required by the commission. |
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Notwithstanding any other law, the commission may: |
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(1) adjust fees as necessary to encourage electronic |
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reporting and the use of the commission's electronic document |
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receiving system. An electronic report must be submitted in a |
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format prescribed by the commission. The commission may consult |
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with the Department of Information Resource on developing a simple |
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format for use in implementing this subsection; and[.] |
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(2) utilize electronic means of transmission of |
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information including notices, orders and decisions issued or sent |
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by the commission. |
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(b) The commission shall strive to reduce duplication in |
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reporting requirements throughout the agency. |
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SECTION 2. Sections 11.31(c), (d), (e), and (i), Tax Code, |
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are amended to read as follows: |
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(c) In applying for an exemption under this section, a |
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person seeking the exemption shall present in a permit application |
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or permit exemption request to the executive director of the Texas |
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[Natural Resource Conservation] Commission on Environmental |
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Quality information detailing: |
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(1) the anticipated environmental benefits from the |
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installation of the facility, device, or method for the control of |
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air, water, or land pollution; |
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(2) the estimated cost of the pollution control |
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facility, device, or method; and |
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(3) the purpose of the installation of such facility, |
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device, or method, and the proportion of the installation that is |
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pollution control property. |
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If the installation includes property that is not used wholly |
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for the control of air, water, or land pollution, the person seeking |
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the exemption shall also present such financial or other data as the |
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executive director requires by rule for the determination of the |
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proportion of the installation that is pollution control property. |
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(d) Following submission of the information required by |
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Subsection (c), the executive director of the Texas [Natural
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Resource Conservation] Commission on Environmental Quality shall |
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determine if the facility, device, or method is used wholly or |
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partly as a facility, device, or method for the control of air, |
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water, or land pollution. As soon as practicable, the executive |
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director shall send notice by regular mail or by electronic means to |
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the chief appraiser of the appraisal district for the county in |
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which the property is located that the person has applied for a |
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determination under this subsection. The executive director shall |
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issue a letter to the person stating the executive director's |
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determination of whether the facility, device, or method is used |
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wholly or partly to control pollution and, if applicable, the |
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proportion of the property that is pollution control property. The |
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executive director shall send a copy of the letter by regular mail |
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or by electronic means to the chief appraiser of the appraisal |
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district for the county in which the property is located. |
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(e) Not later than the 20th day after the date of receipt of |
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the letter issued by the executive director, the person seeking the |
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exemption or the chief appraiser may appeal the executive |
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director's determination to the Texas [Natural Resource
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Conservation] Commission on Environmental Quality. The commission |
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shall consider the appeal at the next regularly scheduled meeting |
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of the commission for which adequate notice may be given. The |
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person seeking the determination and the chief appraiser may |
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testify at the meeting. The commission may remand the matter to the |
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executive director for a new determination or deny the appeal and |
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affirm the executive director's determination. On issuance of a |
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new determination, the executive director shall issue a letter to |
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the person seeking the determination and provide a copy to the chief |
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appraiser as provided by Subsection (d). A new determination of the |
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executive director may be appealed to the commission in the manner |
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provided by this subsection. A proceeding under this subsection is |
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not a contested case for purposes of Chapter 2001, Government Code. |
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(i) A person seeking an exemption under this section shall |
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provide to the chief appraiser a copy of the letter issued by the |
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executive director of the Texas [Natural Resource Conservation] |
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Commission on Environmental Quality under Subsection (d) |
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determining that the facility, device, or method is used wholly or |
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partly as pollution control property. The chief appraiser shall |
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accept a final determination by the executive director as |
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conclusive evidence that the facility, device, or method is used |
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wholly or partly as pollution control property. |
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SECTION 3. Section 552.137, Government Code, is amended to |
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read as follows: |
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(a) Except as otherwise provided by this section, an e-mail |
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address of a member of the public that is provided for the purpose |
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of communicating electronically with a governmental body is |
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confidential and not subject to disclosure under this chapter. |
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(b) Confidential information described by this section that |
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relates to a member of the public may be disclosed if the member of |
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the public affirmatively consents to its release. |
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(c) Subsection (a) does not apply to an e-mail address: |
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(1) provided to a governmental body by a person who has |
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a contractual relationship with the governmental body or by the |
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contractor's agent; |
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(2) provided to a governmental body by a vendor who |
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seeks to contract with the governmental body or by the vendor's |
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agent; |
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(3) contained in a response to a request for bids or |
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proposals, contained in a response to similar invitations |
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soliciting offers or information relating to a potential contract, |
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or provided to a governmental body in the course of negotiating the |
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terms of a contract or potential contract; or |
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(4) provided to a governmental body on a letterhead, |
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coversheet, printed document, or other document made available to |
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the public. |
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(5) provided to a governmental body by a person for the |
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purpose of providing public comment, or receiving notices, orders, |
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or decisions from a governmental body. |
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(d) Subsection (a) does not prevent a governmental body from |
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disclosing an e-mail address for any reason to another governmental |
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body or to a federal agency. |
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SECTION 4. Section 552.228, Government Code, is amended to |
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read as follows: |
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Sec. 552.228. PROVIDING SUITABLE COPY OF PUBLIC INFORMATION |
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WITHIN REASONABLE TIME. (a) It shall be a policy of a governmental |
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body to provide a suitable copy of public information within a |
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reasonable time after the date on which the copy is requested. |
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(b) If public information exists in an electronic or |
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magnetic medium, the requestor may request a copy either on paper or
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in an electronic medium, such as on diskette or on magnetic tape. A |
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governmental body shall provide a copy in the requested medium if: |
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(1) the governmental body has the technological |
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ability to produce a copy of the requested information in the |
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requested medium; |
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(2) the governmental body is not required to purchase |
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any software or hardware to accommodate the request; and |
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(3) provision of a copy of the information in the |
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requested medium will not violate the terms of any copyright |
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agreement between the governmental body and a third party. |
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(c) If a governmental body is unable to comply with a |
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request to produce a copy of information in a requested medium for |
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any of the reasons described by this section, the governmental body |
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shall provide a paper copy of the requested information or a copy in |
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another medium that is acceptable to the requestor. A governmental |
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body is not required to copy information onto a diskette or other |
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material provided by the requestor but may use its own supplies. |
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SECTION 5. The changes in law made to Section 552.228, |
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Government Code, by this Act apply only to requests received by the |
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agency on or after September 1, 2009. Requests received by the |
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agency before the effective date of this Act are governed by the |
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former law, and that law is continued in effect for that purpose. |
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SECTION 6. Except as otherwise provided by the Act, this Act |
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takes effect September 1, 2009. |