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A BILL TO BE ENTITLED
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AN ACT
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relating to a requirement to make certain environmental and water |
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use permit applications available online. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5.552, Water Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) Not later than the 30th day after the date the executive |
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director determines the application to be administratively |
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complete: |
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(1) the applicant shall: |
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(A) post a copy of the application on a publicly |
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accessible Internet website and provide to the commission the |
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address of that website; and |
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(B) publish, [notice of intent to obtain a
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permit] at least once in the newspaper of largest circulation in the |
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county in which the facility to which the application relates is |
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located or proposed to be located or, if the facility to which the |
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application relates is located or proposed to be located in a |
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municipality, at least once in a newspaper of general circulation |
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in the municipality, a notice of intent to obtain a permit that |
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includes the Internet website address provided under Paragraph (A); |
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and |
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(2) the chief clerk of the commission shall mail |
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notice of intent to obtain a permit to: |
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(A) the state senator and representative who |
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represent the general area in which the facility is located or |
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proposed to be located; |
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(B) the mayor and health authorities of the |
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municipality in which the facility is located or proposed to be |
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located; |
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(C) the county judge and health authorities of |
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the county in which the facility is located or proposed to be |
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located; and |
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(D) the river authority in which the facility is |
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located or proposed to be located if the application is under |
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Chapter 26[, Water Code]. |
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(b-1) The applicant shall: |
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(1) post at the Internet website address described by |
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Subsection (b)(1) any subsequent revision or supplement to the |
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application as the revision or supplement becomes available; and |
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(2) maintain the posting at the Internet website |
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address described by Subsection (b)(1) until the commission takes |
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final action on the application. |
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SECTION 2. Section 11.124, Water Code, is amended by adding |
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Subsection (g) to read as follows: |
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(g) The applicant shall post a copy of the application, map, |
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and any supporting materials required by this subchapter on a |
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publicly accessible Internet website and provide the commission |
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with the address of that website in the application sent to the |
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commission under this section. The applicant shall: |
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(1) post any subsequent revision or supplement to the |
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application as the revision or supplement becomes available; and |
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(2) maintain the posting until the commission takes |
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final action on the application. |
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SECTION 3. Section 11.132(c), Water Code, is amended to |
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read as follows: |
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(c) In the notice, the commission shall: |
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(1) state the name and address of the applicant; |
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(2) state the date the application was filed; |
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(3) state the purpose and extent of the proposed |
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appropriation of water; |
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(4) identify the source of supply and the place where |
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the water is to be stored or taken or diverted from the source of |
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supply; |
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(5) identify any proposed alternative source of water, |
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other than state water, identified by the applicant; |
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(6) specify the time and location where the commission |
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will consider the application; |
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(7) provide the Internet website address of the posted |
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application, map, and supporting materials; and |
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(8) [(7)] give any additional information the |
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commission considers necessary. |
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SECTION 4. The changes in law made by this Act apply only to |
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an application received by the Texas Commission on Environmental |
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Quality on or after the effective date of this Act. An application |
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received before the effective date of this Act is governed by the |
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law in effect on the date the application was received, and the |
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former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |