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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision by the Texas Commission on Environmental |
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Quality of certain information in a language other than English. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 5, Water Code, is amended |
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by adding Section 5.1731 to read as follows: |
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Sec. 5.1731. DUTY TO RESPOND IN LANGUAGE RECEIVED. The |
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commission shall respond to a request for information, public |
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comment, response to notice, or other inquiry or correspondence |
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within the jurisdiction of the commission in the language in which |
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the matter was received by the commission. |
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SECTION 2. Subchapter M, Chapter 5, Water Code, is amended |
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by adding Section 5.5531 to read as follows: |
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Sec. 5.5531. MAILED NOTICE IN ALTERNATIVE LANGUAGE. (a) A |
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notice required to be mailed under this subchapter or under Chapter |
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26 or 27 of this code or Chapter 361, Health and Safety Code, other |
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than a notice required to be mailed under Subchapter F or V, Chapter |
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361, Health and Safety Code, must be sent in the alternative |
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language in which a bilingual education program is or would have |
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been taught if either the elementary or middle school nearest to the |
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facility or proposed facility is required to provide a bilingual |
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education program as required by Subchapter B, Chapter 29, |
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Education Code, and: |
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(1) students are enrolled in a program at that school; |
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(2) students from that school attend a bilingual |
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education program at another location; or |
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(3) the school that otherwise would be required to |
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provide a bilingual education program has been granted an exception |
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from the requirements to provide the program as provided by rules of |
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the Texas Education Agency. |
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(b) The applicant shall pay the costs associated with |
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mailing notice under this section, including costs for the |
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translation of the notice into a language other than English. |
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SECTION 3. Section 5.554, Water Code, is amended to read as |
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follows: |
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Sec. 5.554. PUBLIC MEETING. (a) During the public comment |
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period, the executive director may hold one or more public meetings |
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in the county in which the facility is located or proposed to be |
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located. The executive director shall hold a public meeting: |
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(1) on the request of a member of the legislature who |
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represents the general area in which the facility is located or |
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proposed to be located; or |
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(2) if the executive director determines that there is |
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substantial public interest in the proposed activity. |
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(b) If notice of the public meeting was required to be |
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mailed in a language other than English under Section 5.5531, the |
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commission shall provide in each language in which the notice was |
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required to be sent: |
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(1) a simultaneous translation of a public meeting by |
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a translator proficiently skilled at translating the applicable |
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language; and |
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(2) a translation of the transcript of the meeting. |
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(c) A transcript produced under Subsection (b)(2) must be: |
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(1) paid for by the applicant for the proposed |
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activity; and |
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(2) made publicly available in the same manner and |
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from the same location as other written or audio records of the |
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meeting. |
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SECTION 4. Section 5.555, Water Code, is amended by adding |
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Subsection (c) to read as follows: |
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(c) If a notice associated with the permit or other |
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authorization is required to be mailed in a language other than |
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English under Section 5.5531, the commission shall provide a |
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translation of the responses to public comment in each language in |
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which the notice was required to be sent. The applicant shall pay |
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the costs associated with a translation made under this subsection. |
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SECTION 5. Subchapter M, Chapter 5, Water Code, as amended |
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by this Act, applies only to a permit application or an application |
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for a municipal setting designation that is filed with the Texas |
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Commission on Environmental Quality on or after the effective date |
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of this Act. A permit application or an application for a municipal |
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setting designation 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 6. This Act takes effect September 1, 2023. |