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A BILL TO BE ENTITLED
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AN ACT
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relating to the expedited processing of certain applications for |
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permits under the Clean Air Act; authorizing a surcharge. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.05155 to read as follows: |
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Sec. 382.05155. EXPEDITED PROCESSING OF APPLICATION. |
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(a) An applicant, in a manner prescribed by the commission, may |
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request the expedited processing of an application filed under this |
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chapter if the applicant demonstrates that the purpose of the |
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application will benefit the economy of this state or an area of |
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this state. |
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(b) The executive director may grant an expedited |
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processing request if the executive director determines that |
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granting the request will benefit the economy of this state or an |
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area of this state. |
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(c) The expediting of an application under this section does |
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not affect a contested case hearing or applicable federal, state, |
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and regulatory requirements, including the notice, opportunity for |
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a public hearing, and submission of public comment required under |
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this chapter. |
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(d) The commission by rule may add a surcharge to an |
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application fee assessed under this chapter for an expedited |
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application in an amount sufficient to cover the expenses incurred |
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by the expediting, including overtime, contract labor, and other |
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costs. |
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(e) The commission may authorize the use of overtime or |
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contract labor to process expedited applications. The overtime or |
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contract labor authorized under this section is not included in the |
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calculation of the number of full-time equivalent commission |
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employees allotted under other law. |
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(f) The commission may pay for compensatory time, overtime, |
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or contract labor used to implement this section. |
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(g) A rule adopted under this section must be consistent |
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with Chapter 2001, Government Code. A rule adopted under this |
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section regarding notice must include a provision to require an |
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indication that the application is being proceeded in an expedited |
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manner. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Texas Commission on Environmental Quality shall |
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adopt rules necessary to implement Section 382.05155, Health and |
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Safety Code, as added by this Act. |
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SECTION 3. 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, 2013. |