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A BILL TO BE ENTITLED
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AN ACT
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relating to transportation access plans for certain facilities |
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permitted by the Texas Commission on Environmental Quality or the |
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Railroad Commission of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 251, Transportation Code, |
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is amended by adding Section 251.018 to read as follows: |
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Sec. 251.018. TRANSPORTATION ACCESS PLAN FOR CERTAIN |
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PERMITTED FACILITIES. (a) In this section, "permit" includes a |
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license, registration, or other form of authorization required by |
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law for a person to engage in an action. |
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(b) A person required to obtain a permit from the Texas |
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Commission on Environmental Quality or the Railroad Commission of |
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Texas to operate a facility located in an unincorporated area of a |
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county shall prepare a transportation access plan for the facility. |
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The plan must be submitted to the commissioners court of the county |
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and provide for the recovery by the county of any additional costs |
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to the county for road construction, maintenance, or repair related |
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to access to the facility, as determined by an analysis completed by |
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an independent engineer who holds a license issued under Chapter |
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1001, Occupations Code. |
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(c) Except as provided by Subsection (d), a transportation |
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access plan under this section must: |
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(1) be approved by the commissioners court of the |
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county; and |
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(2) be filed as part of each application for an |
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original or renewal permit for the facility. |
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(d) The commissioners court of a county by order and for |
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good cause shown may waive the requirements of this section for a |
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facility in that county. |
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(e) This section shall not apply to the approval, issuance, |
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or renewal of a license, permit, or registration for a municipal |
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solid waste facility regulated under Chapter 361, Health and Safety |
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Code. |
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SECTION 2. Subchapter M, Chapter 5, Water Code, is amended |
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by adding Section 5.559 to read as follows: |
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Sec. 5.559. TRANSPORTATION ACCESS PLAN REQUIRED FOR |
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APPLICATION TO BE ADMINISTRATIVELY COMPLETE. (a) Notwithstanding |
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Section 5.551(a), this section applies to any permit issued by the |
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commission, regardless of the law under which the permit or permit |
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renewal is issued. |
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(b) If an applicant for a permit or permit renewal to be |
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issued by the commission is required to submit a transportation |
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access plan under Section 251.018, Transportation Code, the |
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application is not considered administratively complete unless the |
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plan has been approved and filed with the commission as required by |
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that section. |
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SECTION 3. Subchapter C, Chapter 81, Natural Resources |
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Code, is amended by adding Section 81.065 to read as follows: |
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Sec. 81.065. TRANSPORTATION ACCESS PLAN REQUIRED FOR |
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APPLICATION TO BE ADMINISTRATIVELY COMPLETE. (a) In this section, |
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"permit" includes a license, registration, or other form of |
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authorization required by law for a person to engage in an action. |
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(b) If an applicant for a permit or permit renewal to be |
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issued by the commission is required to submit a transportation |
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access plan under Section 251.018, Transportation Code, the |
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application is not considered administratively complete unless the |
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plan has been approved and filed with the commission as required by |
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that section. |
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SECTION 4. This Act takes effect September 1, 2009. |