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