By: Villalba H.B. No. 2823
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to expedited permitting and economic development;
  authorizing a surcharge.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 382, Health and Safety
  Code, is amended by adding Section 382.0685 to read as follows:
         Section 382.0685. Expedited Permits.
         (a)  The commission shall adopt a program to expedite the
  processing of permits, amendments, registrations, or variances.
         (b)  The expedited permit program shall authorize the
  expedited processing of permits at the request of an applicant if
  the executive director determines that the project will benefit
  the local or state economy.
         (c)  The commission may issue an expedited permit provided
  the application is found to meet all otherwise applicable federal
  requirements and all otherwise applicable statutory and regulatory
  requirements under this chapter, including notice and opportunity
  for comment or hearing.
         (d)  The commission shall establish a surcharge on the
  standard permit application fee for an expedited permit
  application sufficient to cover all expenses associated with the
  expediting, including overtime, incentive pay, contract labor, and
  other costs.
         (e)  The commission may elect to authorize the use of
  overtime, financial or other incentives, or contract labor in
  support of the expedited permitting program. Use of overtime,
  incentives, compensatory time, contract labor or other means shall
  not be used in the calculation of the commission's limit on the
  number of full time equivalent employees.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all 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, 2013.