|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to a requirement to make certain environmental and water |
|
use permit applications available online. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 5.552, Water Code, is amended by |
|
amending Subsection (b) and adding Subsection (b-1) to read as |
|
follows: |
|
(b) Not later than the 30th day after the date the executive |
|
director determines the application to be administratively |
|
complete: |
|
(1) the applicant shall: |
|
(A) post a copy of the application on a publicly |
|
accessible Internet website and provide to the commission the |
|
address of that website; and |
|
(B) publish, [notice of intent to obtain a
|
|
permit] at least once in the newspaper of largest circulation in the |
|
county in which the facility to which the application relates is |
|
located or proposed to be located or, if the facility to which the |
|
application relates is located or proposed to be located in a |
|
municipality, at least once in a newspaper of general circulation |
|
in the municipality, a notice of intent to obtain a permit that |
|
includes the Internet website address provided under Paragraph (A); |
|
and |
|
(2) the chief clerk of the commission shall mail |
|
notice of intent to obtain a permit to: |
|
(A) the state senator and representative who |
|
represent the general area in which the facility is located or |
|
proposed to be located; |
|
(B) the mayor and health authorities of the |
|
municipality in which the facility is located or proposed to be |
|
located; |
|
(C) the county judge and health authorities of |
|
the county in which the facility is located or proposed to be |
|
located; and |
|
(D) the river authority in which the facility is |
|
located or proposed to be located if the application is under |
|
Chapter 26[, Water Code]. |
|
(b-1) The applicant shall: |
|
(1) post at the Internet website address described by |
|
Subsection (b)(1) any subsequent revision or supplement to the |
|
application as the revision or supplement becomes available; and |
|
(2) maintain the posting at the Internet website |
|
address described by Subsection (b)(1) until the commission takes |
|
final action on the application. |
|
SECTION 2. Section 11.124, Water Code, is amended by adding |
|
Subsection (g) to read as follows: |
|
(g) The applicant shall post a copy of the application, map, |
|
and any supporting materials required by this subchapter on a |
|
publicly accessible Internet website and provide the commission |
|
with the address of that website in the application sent to the |
|
commission under this section. The applicant shall: |
|
(1) post any subsequent revision or supplement to the |
|
application as the revision or supplement becomes available; and |
|
(2) maintain the posting until the commission takes |
|
final action on the application. |
|
SECTION 3. Section 11.132(c), Water Code, is amended to |
|
read as follows: |
|
(c) In the notice, the commission shall: |
|
(1) state the name and address of the applicant; |
|
(2) state the date the application was filed; |
|
(3) state the purpose and extent of the proposed |
|
appropriation of water; |
|
(4) identify the source of supply and the place where |
|
the water is to be stored or taken or diverted from the source of |
|
supply; |
|
(5) specify the time and location where the commission |
|
will consider the application; [and] |
|
(6) provide the Internet website address of the posted |
|
application, map, and supporting materials; and |
|
(7) [(6)] give any additional information the |
|
commission considers necessary. |
|
SECTION 4. The changes in law made by this Act apply only to |
|
an application received by the Texas Commission on Environmental |
|
Quality on or after the effective date of this Act. An application |
|
received before the effective date of this Act is governed by the |
|
law in effect on the date the application was received, and the |
|
former law is continued in effect for that purpose. |
|
SECTION 5. This Act takes effect September 1, 2017. |