| 1 | 1 | | 81R1200 KJM-D |
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| 2 | 2 | | By: Rodriguez H.B. No. 234 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to notice and hearing requirements for an application to |
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| 8 | 8 | | transfer a municipal solid waste permit. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Section 361.088, Health and |
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| 11 | 11 | | Safety Code, is amended to read as follows: |
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| 12 | 12 | | Sec. 361.088. PERMIT ISSUANCE, AMENDMENT, EXTENSION, |
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| 13 | 13 | | TRANSFER, AND RENEWAL; NOTICE AND HEARING. |
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| 14 | 14 | | SECTION 2. Section 361.088, Health and Safety Code, is |
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| 15 | 15 | | amended by amending Subsections (a), (b), and (c) and adding |
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| 16 | 16 | | Subsection (d-1) to read as follows: |
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| 17 | 17 | | (a) The commission may amend, extend, transfer, or renew a |
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| 18 | 18 | | permit it issues in accordance with reasonable procedures |
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| 19 | 19 | | prescribed by the commission. |
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| 20 | 20 | | (b) The procedures prescribed by Section 361.067 for a |
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| 21 | 21 | | permit application apply to an application to amend, extend, |
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| 22 | 22 | | transfer, or renew a permit. |
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| 23 | 23 | | (c) Except as provided by Subsection (e), before a permit is |
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| 24 | 24 | | issued, amended, extended, transferred, or renewed, the commission |
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| 25 | 25 | | shall provide an opportunity for a hearing to the applicant and |
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| 26 | 26 | | persons affected. The commission may also hold a hearing on its own |
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| 27 | 27 | | motion. |
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| 28 | 28 | | (d-1) A person who submits an application to transfer a |
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| 29 | 29 | | municipal solid waste permit shall publish notice of intent to |
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| 30 | 30 | | transfer the permit in the manner Section 361.0665 provides for |
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| 31 | 31 | | publishing notice of intent to obtain a permit. The notice must |
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| 32 | 32 | | identify the permit holder and the proposed permit holder after the |
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| 33 | 33 | | transfer. The commission shall prescribe a reasonable time for |
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| 34 | 34 | | members of the public to provide comments and recommendations on |
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| 35 | 35 | | the application to transfer the permit before the commission acts |
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| 36 | 36 | | on the application. |
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| 37 | 37 | | SECTION 3. The changes in law made by Section 361.088, |
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| 38 | 38 | | Health and Safety Code, as amended by this Act, apply only to an |
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| 39 | 39 | | application to transfer a municipal solid waste permit that is |
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| 40 | 40 | | received by the Texas Commission on Environmental Quality on or |
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| 41 | 41 | | after the effective date of this Act. A permit transfer application |
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| 42 | 42 | | that is received before that date is governed by the law in effect |
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| 43 | 43 | | at the time the application is received, and the former law is |
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| 44 | 44 | | continued in effect for that purpose. |
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| 45 | 45 | | SECTION 4. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2009. |
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