87R5104 SLB-D
 
  By: Dutton H.B. No. 968
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to public comments on matters subject to a hearing under
  the jurisdiction of the Texas Commission on Environmental Quality.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 5.555, Water Code, is amended to read as
  follows:
         Sec. 5.555.  RESPONSE TO AND CONSIDERATION OF PUBLIC
  COMMENTS. (a) The executive director, in accordance with
  procedures provided by commission rule, shall file with the chief
  clerk of the commission a response to each [relevant and material]
  public comment on the preliminary decision filed during the public
  comment period.
         (b)  The chief clerk of the commission shall transmit the
  executive director's decision, the public comments made during the
  public comment period, the executive director's responses 
  [response] to public comments, and instructions for requesting that
  the commission reconsider the executive director's decision or hold
  a contested case hearing to:
               (1)  the applicant;
               (2)  any person who submitted comments during the
  public comment period; and
               (3)  any person who requested to be on the mailing list
  for the permit action.
         (c)  The commission shall consider all public comments
  submitted during the public comment period when deciding on an
  action related to an application.
         SECTION 2.  Section 5.555, Water Code, as amended by this
  Act, applies only to an application filed with the Texas Commission
  on Environmental Quality on or after the effective date of this Act.
  An application filed before the effective date of this Act is
  governed by the law in effect on the date of filing, and that law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2021.