By: Lucio III (Senate Sponsor - Fraser) H.B. No. 3544
(In the Senate - Received from the House May 6, 2009;
May 7, 2009, read first time and referred to Committee on State
Affairs; May 20, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
May 20, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 3544 By: Fraser
A BILL TO BE ENTITLED
AN ACT
relating to electronic notices by the Texas Commission on
Environmental Quality, electronically stored information provided
by a governmental body, and confidentiality of e-mail addresses
provided to a governmental body.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5.128, Water Code, is amended to read as
follows:
Sec. 5.128. ELECTRONIC REPORTING TO COMMISSION; ELECTRONIC
TRANSMISSION OF INFORMATION BY COMMISSION; REDUCTION OF DUPLICATE
REPORTING. (a) The commission shall encourage the use of
electronic reporting through the Internet, to the extent
practicable, for reports required by the commission.
Notwithstanding any other law, the commission may:
(1) adjust fees as necessary to encourage electronic
reporting and the use of the commission's electronic document
receiving system. An electronic report must be submitted in a
format prescribed by the commission. The commission may consult
with the Department of Information Resources on developing a simple
format for use in implementing this subsection; and
(2) utilize electronic means of transmission of
information, including notices, orders, and decisions issued or
sent by the commission.
(b) The commission shall strive to reduce duplication in
reporting requirements throughout the agency.
SECTION 2. Sections 11.31(c), (d), (e), and (i), Tax Code,
are amended to read as follows:
(c) In applying for an exemption under this section, a
person seeking the exemption shall present in a permit application
or permit exemption request to the executive director of the Texas
[Natural Resource Conservation] Commission on Environmental
Quality information detailing:
(1) the anticipated environmental benefits from the
installation of the facility, device, or method for the control of
air, water, or land pollution;
(2) the estimated cost of the pollution control
facility, device, or method; and
(3) the purpose of the installation of such facility,
device, or method, and the proportion of the installation that is
pollution control property.
If the installation includes property that is not used wholly
for the control of air, water, or land pollution, the person seeking
the exemption shall also present such financial or other data as the
executive director requires by rule for the determination of the
proportion of the installation that is pollution control property.
(d) Following submission of the information required by
Subsection (c), the executive director of the Texas [Natural
Resource Conservation] Commission on Environmental Quality shall
determine if the facility, device, or method is used wholly or
partly as a facility, device, or method for the control of air,
water, or land pollution. As soon as practicable, the executive
director shall send notice by regular mail or by electronic means to
the chief appraiser of the appraisal district for the county in
which the property is located that the person has applied for a
determination under this subsection. The executive director shall
issue a letter to the person stating the executive director's
determination of whether the facility, device, or method is used
wholly or partly to control pollution and, if applicable, the
proportion of the property that is pollution control property. The
executive director shall send a copy of the letter by regular mail
or by electronic means to the chief appraiser of the appraisal
district for the county in which the property is located.
(e) Not later than the 20th day after the date of receipt of
the letter issued by the executive director, the person seeking the
exemption or the chief appraiser may appeal the executive
director's determination to the Texas [Natural Resource
Conservation] Commission on Environmental Quality. The commission
shall consider the appeal at the next regularly scheduled meeting
of the commission for which adequate notice may be given. The
person seeking the determination and the chief appraiser may
testify at the meeting. The commission may remand the matter to the
executive director for a new determination or deny the appeal and
affirm the executive director's determination. On issuance of a
new determination, the executive director shall issue a letter to
the person seeking the determination and provide a copy to the chief
appraiser as provided by Subsection (d). A new determination of the
executive director may be appealed to the commission in the manner
provided by this subsection. A proceeding under this subsection is
not a contested case for purposes of Chapter 2001, Government Code.
(i) A person seeking an exemption under this section shall
provide to the chief appraiser a copy of the letter issued by the
executive director of the Texas [Natural Resource Conservation]
Commission on Environmental Quality under Subsection (d)
determining that the facility, device, or method is used wholly or
partly as pollution control property. The chief appraiser shall
accept a final determination by the executive director as
conclusive evidence that the facility, device, or method is used
wholly or partly as pollution control property.
SECTION 3. Section 11.31, Tax Code, is amended by adding
Subsections (g-1) and (n) to read as follows:
(g-1) The standards and methods for making a determination
under this section that are established in the rules adopted under
Subsection (g) apply uniformly to all applications for
determinations under this section, including applications relating
to facilities, devices, or methods for the control of air, water, or
land pollution included on a list adopted by the Texas Commission on
Environmental Quality under Subsection (k).
(n) The Texas Commission on Environmental Quality shall
establish a permanent advisory committee consisting of
representatives of industry, appraisal districts, taxing units,
and environmental groups, as well as members who are not
representatives of any of those entities but have substantial
technical expertise in pollution control technology and
environmental engineering, to advise the commission regarding the
implementation of this section. Chapter 2110, Government Code,
does not apply to the size, composition, or duration of the advisory
committee.
SECTION 4. As soon as practicable after the effective date
of this Act, the Texas Commission on Environmental Quality shall
appoint the initial members of the advisory committee under Section
11.31(n), Tax Code, as added by this Act.
SECTION 5. (a) The change in law made by Sections 11.31
(g-1) and (n), Tax Code, applies only to a determination that is not
final on the effective date of the Act on an application that was
filed on or after January 1, 2009.
(b) A determination that is not final on the effective date
of the Act on an application that was filed before January 1, 2009
is governed by law in effect before the effective date of this act,
and that law is continued in effect for that purpose.
SECTION 6. The change in law made by Section 11.31 (g-1) and
(n), Tax Code, applies only to ad valorem taxes imposed for a tax
year beginning on or after the effective date of this Act.
SECTION 7. Section 552.137, Government Code, is amended to
read as follows:
Sec. 552.137. CONFIDENTIALITY OF CERTAIN E-MAIL ADDRESSES.
(a) Except as otherwise provided by this section, an e-mail
address of a member of the public that is provided for the purpose
of communicating electronically with a governmental body is
confidential and not subject to disclosure under this chapter.
(b) Confidential information described by this section that
relates to a member of the public may be disclosed if the member of
the public affirmatively consents to its release.
(c) Subsection (a) does not apply to an e-mail address:
(1) provided to a governmental body by a person who has
a contractual relationship with the governmental body or by the
contractor's agent;
(2) provided to a governmental body by a vendor who
seeks to contract with the governmental body or by the vendor's
agent;
(3) contained in a response to a request for bids or
proposals, contained in a response to similar invitations
soliciting offers or information relating to a potential contract,
or provided to a governmental body in the course of negotiating the
terms of a contract or potential contract; [or]
(4) provided to a governmental body on a letterhead,
coversheet, printed document, or other document made available to
the public; or
(5) provided to a governmental body for the purpose of
providing public comment on or receiving notices related to an
application for a license as defined by Section 2001.003(2) of this
Code, or receiving orders or decisions from a governmental body.
(d) Subsection (a) does not prevent a governmental body from
disclosing an e-mail address for any reason to another governmental
body or to a federal agency.
SECTION 8. Section 552.228, Government Code, is amended to
read as follows:
Sec. 552.228. PROVIDING SUITABLE COPY OF PUBLIC INFORMATION
WITHIN REASONABLE TIME. (a) It shall be a policy of a governmental
body to provide a suitable copy of public information within a
reasonable time after the date on which the copy is requested.
(b) If public information exists in an electronic or
magnetic medium, the requestor may request a copy [either on paper
or] in an electronic medium, such as on diskette or on magnetic
tape. A governmental body shall provide a copy in the requested
medium if:
(1) the governmental body has the technological
ability to produce a copy of the requested information in the
requested medium;
(2) the governmental body is not required to purchase
any software or hardware to accommodate the request; and
(3) provision of a copy of the information in the
requested medium will not violate the terms of any copyright
agreement between the governmental body and a third party.
(c) If a governmental body is unable to comply with a
request to produce a copy of information in a requested medium for
any of the reasons described by this section, the governmental body
shall provide [a paper copy of the requested information or] a copy
in another medium that is acceptable to the requestor. A
governmental body is not required to copy information onto a
diskette or other material provided by the requestor but may use its
own supplies.
SECTION 9. The changes in law made to Section 552.228,
Government Code, by this Act apply only to requests received by the
agency on or after September 1, 2009. Requests received by the
agency before the effective date of this Act are governed by the
former law, and that law is continued in effect for that purpose.
SECTION 10. Except as otherwise provided by the Act, this
Act takes effect September 1, 2009.
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