87R9834 JAM-F
 
  By: Blanco S.B. No. 1304
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the provision by the Texas Commission on Environmental
  Quality of certain information in a language other than English.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 5, Water Code, is amended
  by adding Section 5.1731 to read as follows:
         Sec. 5.1731.  DUTY TO RESPOND IN LANGUAGE RECEIVED. The
  commission shall respond to a request for information, public
  comment, response to notice, or other inquiry or correspondence
  within the jurisdiction of the commission in the language in which
  the matter was received by the commission.
         SECTION 2.  Subchapter M, Chapter 5, Water Code, is amended
  by adding Section 5.5531 to read as follows:
         Sec. 5.5531.  MAILED NOTICE IN ALTERNATIVE LANGUAGE. (a) A
  notice required to be mailed under this subchapter or under Chapter
  26 or 27 of this code or Chapter 361, Health and Safety Code, must be
  sent in the alternative language in which a bilingual education
  program is or would have been taught if either the elementary or
  middle school nearest to the facility or proposed facility is
  required to provide a bilingual education program as required by
  Subchapter B, Chapter 29, Education Code, and:
               (1)  students are enrolled in a program at that school;
               (2)  students from that school attend a bilingual
  education program at another location; or
               (3)  the school that otherwise would be required to
  provide a bilingual education program has been granted an exception
  from the requirements to provide the program as provided by rules of
  the Texas Education Agency.
         (b)  The applicant shall pay the costs associated with
  mailing notice under this section, including costs for the
  translation of the notice into a language other than English.
         SECTION 3.  Section 5.554, Water Code, is amended to read as
  follows:
         Sec. 5.554.  PUBLIC MEETING. (a) During the public comment
  period, the executive director may hold one or more public meetings
  in the county in which the facility is located or proposed to be
  located. The executive director shall hold a public meeting:
               (1)  on the request of a member of the legislature who
  represents the general area in which the facility is located or
  proposed to be located; or
               (2)  if the executive director determines that there is
  substantial public interest in the proposed activity.
         (b)  If notice of the public meeting was required to be
  mailed in a language other than English under Section 5.5531, the
  commission shall provide a translation of the transcript of the
  meeting in each language in which the notice was required to be
  mailed. A transcript produced under this subsection must be:
               (1)  paid for by the applicant for the proposed
  activity; and
               (2)  made publicly available in the same manner and
  from the same location as other written or audio records of the
  meeting.
         SECTION 4.  Section 5.555, Water Code, is amended by adding
  Subsection (c) to read as follows:
         (c)  If a notice associated with the permit is required to be
  mailed in a language other than English under Section 5.5531, the
  commission shall provide a translation of the responses to public
  comment in each language in which the notice was required to be
  sent. The applicant shall pay the costs associated with a
  translation made under this subsection.
         SECTION 5.  Subchapter M, Chapter 5, Water Code, as amended
  by this Act, applies only to a permit application that is filed with
  the Texas Commission on Environmental Quality on or after the
  effective date of this Act. A permit 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 6.  This Act takes effect September 1, 2021.