85R9104 SLB-D
 
  By: Farrar H.B. No. 2799
 
 
 
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.