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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. (a) |
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An applicant, in a manner prescribed by the commission, may request |
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the expedited processing of an application filed under this chapter |
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if the applicant demonstrates that the purpose of the application |
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will benefit the economy of this state or an area of this state. |
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(b) The executive director shall 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 applicable federal, state, and regulatory requirements, |
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including the notice, opportunity for a public hearing, and |
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submission of public comment required under 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, incentive pay, contract |
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labor, and other costs. |
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(e) The commission may authorize the use of overtime, |
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financial or other incentives, or contract labor to process |
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expedited applications. The overtime, incentives, or contract |
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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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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. |