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A BILL TO BE ENTITLED
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AN ACT
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relating to the denial by the Texas Commission on Environmental |
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Quality of a renewal permit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter M-1, 5, Water Code is amended by |
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adding section 5.588 to read as follows: |
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(Section 5.588.) The commission may deny a renewal permit if |
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it is found, after notice and hearing, that the permit holder has a |
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history of enforcement actions having been taken against the permit |
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holder in connection with the permitted facility or other |
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facilities for which the permit holder holds a permit by a political |
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subdivision for the violation of environmental or health and safety |
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regulations of the political subdivision. |
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Section 2. Sec 361.089(f) Health and Safety Code is amended |
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to read as follows: |
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(f) Before denying a permit under this section, the |
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commission must find: |
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(1) that the applicant or permit holder has a |
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compliance history that is classified as unsatisfactory according |
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to 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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[or] |
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(2) that the permit holder or applicant is indebted to |
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the state for fees, payment of penalties, or taxes imposed by this |
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title or by a rule of the commission; or |
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(3) for a denial made under Subsection (M-1), that the |
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permit holder has a history of enforcement actions having been |
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taken against the permit holder in connection with the permitted |
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facility or other facilities for which the permit holder holds a |
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permit by a political subdivision for the violation of |
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environmental or health and safety regulations of the political |
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subdivision. |
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SECTION 3. This Act, applies only to an application for the |
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renewal of a permit that is filed with the Texas Commission on |
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Environmental Quality on or after the effective date of this Act. |
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An application for the renewal of a permit that is filed before the |
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effective date of this Act is governed by the law in effect on the |
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date of filing, and that law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |