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A BILL TO BE ENTITLED
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AN ACT
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relating to changes to an application for an environmental permit |
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before a contested case hearing on the application. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2003.047, Government Code, is amended by |
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adding Subsection (d-1) to read as follows: |
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(d-1) This section only applies to an environmental permit |
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governed by Texas Water Code Chapter 26 or 27 or Texas Health and |
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Safety Code Chapter 361 or 382. An applicant whose environmental |
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permit application has been referred for a contested case hearing |
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to be held in accordance with this section may not request or make |
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changes to the application, other than changes to correct clerical |
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errors or update other non-technical information in the |
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application, after the 31st day before the date scheduled for the |
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preliminary hearing on the application. If an applicant chooses |
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not to proceed with the preliminary hearing on the application |
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after the 31st day before the date scheduled for the preliminary |
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hearing, the applicant must withdraw the application with or |
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without prejudice in accordance with commission rule. If an |
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applicant who has withdrawn an application without prejudice |
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subsequently resubmits a revised application, the applicant must |
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comply with applicable notice and other requirements in effect on |
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the date the revised application is submitted to the commission. |
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This subsection does not apply to a change made to an application |
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for which: |
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(1) all timely requests for a contested case hearing |
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have been denied by the commission or withdrawn prior to the |
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preliminary hearing; |
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(2) a preliminary hearing has been held and parties to |
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the hearing have been named; |
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(3) all parties to the hearing have agreed in writing |
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to the proposed changes; and |
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(4) the applicant has complied with applicable notice |
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requirements. |
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SECTION 2. Section 382.0291(d), Health and Safety Code, is |
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repealed. |
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SECTION 3. The changes in law made by this Act apply only to |
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an application for the issuance or amendment of a permit pending |
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before the Texas Commission on Environmental Quality on or after |
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the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2019. |