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A BILL TO BE ENTITLED
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AN ACT
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relating to the permitting processes of the Texas Commission on |
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Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS |
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SECTION 1. Section 361.064, Health and Safety Code, is |
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amended by adding Subsections (c), (d), and (e), to read as follows: |
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(c) The commission may impose penalties on any applicant who |
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files an application in bad faith, with the amount of the penalty to |
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be determined by rulemaking considering the nature of the bad faith |
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conduct, the harm caused by the conduct, and any prior violations |
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by the applicant in determining the penalty. |
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(d) The commission shall impose reasonable fees for filing |
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amendments to permits, except that the first amendment filed for |
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the same application shall not have any associated filing fees. |
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Such fees shall be based on the actual cost to the commission to |
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process the amendments. |
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(e) Notwithstanding any other provision of law, any fees |
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associated with an application for a permit under Section 361.061 |
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shall be adjusted annually by the commission to reflect the cost of |
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inflation as determined by the consumer price index. |
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SECTION 2. Subsection 361.089(f), Health and Safety Code, |
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is repealed. |
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SECTION 3. Section 361.089, Health and Safety Code, is |
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amended by adding Subsections (f) and (g) and amending Subsection |
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(e)(2) to read as follows: |
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(e) The commission may deny an original or renewal permit if |
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it is found, after notice and hearing, that: |
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(1) the applicant or permit holder has a compliance |
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history that is classified as unsatisfactory according to |
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commission standards under Sections 5.753 and 5.754, Water Code, |
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and rules adopted and procedures developed under those sections; |
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[(2) the permit holder or applicant made a false or |
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misleading statement in connection with an original or renewal |
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application, either in the formal application or in any other |
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written instrument relating to the application submitted to the |
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commission, its officers, or its employees;] |
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(2) the permit holder or applicant is indebted to the |
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state for fees, payment of penalties, or taxes imposed by |
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this title or by a rule of the commission; or |
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(3) the permit holder or applicant is unable to ensure |
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that the management of the hazardous waste management facility |
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conforms or will conform to this title and the rules of the |
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commission. |
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(f) The commission shall deny an original or renewal permit |
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if it is found, after notice and hearing, that the permit holder or |
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applicant made a materially false or misleading statement in |
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connection with an original or renewal application, either in the |
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formal application or any other written instrument relating to the |
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application submitted to the commission, its officers, or its |
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employees. |
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(g) The commission shall deny an original or renewal permit: |
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(1) if the permit holder or applicant files more than |
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three amendments to the same application; or |
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(2) five years after the day the application for a |
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permit is submitted if the application is not administratively |
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complete under Section 361.068. |
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(h) For purposes of this section, the terms "permit holder" |
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and "applicant" include each member of a partnership or association |
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and, with respect to a corporation, each officer and the owner or |
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owners of a majority of the corporate stock, provided such partner |
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or owner controls at least 20 percent of the permit holder or |
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applicant and at least 20 percent of another business which |
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operates a solid waste management facility. |
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SECTION 4. This act takes effect September 1, 2023. |