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A BILL TO BE ENTITLED
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AN ACT
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relating to public comments on matters subject to a hearing under |
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the jurisdiction of the Texas Commission on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5.555, Water Code, is amended to read as |
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follows: |
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Sec. 5.555. RESPONSE TO AND CONSIDERATION OF PUBLIC |
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COMMENTS. (a) The executive director, in accordance with |
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procedures provided by commission rule, shall file with the chief |
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clerk of the commission a response to each [relevant and material] |
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public comment on the preliminary decision filed during the public |
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comment period. |
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(b) The chief clerk of the commission shall transmit the |
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executive director's decision, the public comments made during the |
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public comment period, the executive director's responses |
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[response] to public comments, and instructions for requesting that |
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the commission reconsider the executive director's decision or hold |
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a contested case hearing to: |
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(1) the applicant; |
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(2) any person who submitted comments during the |
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public comment period; and |
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(3) any person who requested to be on the mailing list |
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for the permit action. |
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(c) The commission shall consider all public comments |
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submitted during the public comment period when deciding on an |
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action related to an application. |
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SECTION 2. Section 5.555, Water Code, as amended by this |
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Act, applies only to an application filed with the Texas Commission |
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on Environmental Quality on or after the effective date of this Act. |
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An application filed before the effective date of this Act is |
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governed by the law in effect on the date of filing, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |