Texas 2009 - 81st Regular

Texas House Bill HB3544 Compare Versions

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1	1	H.B. No. 3544
2	2
3	3
4	4	AN ACT
5	5	relating to the standards, methods, and procedures used by
6	6	governmental bodies in taking certain actions and managing certain
7	7	information, including standards, methods, and procedures relating
8	8	to electronic notices by the Texas Commission on Environmental
9	9	Quality, electronically stored information provided by a
10	10	governmental body, confidentiality of e-mail addresses provided to
11	11	a governmental body, and determinations regarding whether property
12	12	is pollution control property for ad valorem tax purposes.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 5.128, Water Code, is amended to read as
15	15	follows:
16	16	Sec. 5.128. ELECTRONIC REPORTING TO COMMISSION; ELECTRONIC
17	17	TRANSMISSION OF INFORMATION BY COMMISSION; REDUCTION OF DUPLICATE
18	18	REPORTING. (a) The commission shall encourage the use of
19	19	electronic reporting through the Internet, to the extent
20	20	practicable, for reports required by the commission.
21	21	Notwithstanding any other law, the commission may:
22	22	(1) adjust fees as necessary to encourage electronic
23	23	reporting and the use of the commission's electronic document
24	24	receiving system. An electronic report must be submitted in a
25	25	format prescribed by the commission. The commission may consult
26	26	with the Department of Information Resources on developing a simple
27	27	format for use in implementing this subsection; and
28	28	(2) utilize electronic means of transmission of
29	29	information, including notices, orders, and decisions issued or
30	30	sent by the commission.
31	31	(b) The commission shall strive to reduce duplication in
32	32	reporting requirements throughout the agency.
33	33	SECTION 2. Sections 11.31(c), (d), (e), and (i), Tax Code,
34	34	are amended to read as follows:
35	35	(c) In applying for an exemption under this section, a
36	36	person seeking the exemption shall present in a permit application
37	37	or permit exemption request to the executive director of the Texas
38	38	[Natural Resource Conservation] Commission on Environmental
39	39	Quality information detailing:
40	40	(1) the anticipated environmental benefits from the
41	41	installation of the facility, device, or method for the control of
42	42	air, water, or land pollution;
43	43	(2) the estimated cost of the pollution control
44	44	facility, device, or method; and
45	45	(3) the purpose of the installation of such facility,
46	46	device, or method, and the proportion of the installation that is
47	47	pollution control property.
48	48	If the installation includes property that is not used wholly
49	49	for the control of air, water, or land pollution, the person seeking
50	50	the exemption shall also present such financial or other data as the
51	51	executive director requires by rule for the determination of the
52	52	proportion of the installation that is pollution control property.
53	53	(d) Following submission of the information required by
54	54	Subsection (c), the executive director of the Texas [Natural
55	55	Resource Conservation] Commission on Environmental Quality shall
56	56	determine if the facility, device, or method is used wholly or
57	57	partly as a facility, device, or method for the control of air,
58	58	water, or land pollution. As soon as practicable, the executive
59	59	director shall send notice by regular mail or by electronic means to
60	60	the chief appraiser of the appraisal district for the county in
61	61	which the property is located that the person has applied for a
62	62	determination under this subsection. The executive director shall
63	63	issue a letter to the person stating the executive director's
64	64	determination of whether the facility, device, or method is used
65	65	wholly or partly to control pollution and, if applicable, the
66	66	proportion of the property that is pollution control property. The
67	67	executive director shall send a copy of the letter by regular mail
68	68	or by electronic means to the chief appraiser of the appraisal
69	69	district for the county in which the property is located.
70	70	(e) Not later than the 20th day after the date of receipt of
71	71	the letter issued by the executive director, the person seeking the
72	72	exemption or the chief appraiser may appeal the executive
73	73	director's determination to the Texas [Natural Resource
74	74	Conservation] Commission on Environmental Quality. The commission
75	75	shall consider the appeal at the next regularly scheduled meeting
76	76	of the commission for which adequate notice may be given. The
77	77	person seeking the determination and the chief appraiser may
78	78	testify at the meeting. The commission may remand the matter to the
79	79	executive director for a new determination or deny the appeal and
80	80	affirm the executive director's determination. On issuance of a
81	81	new determination, the executive director shall issue a letter to
82	82	the person seeking the determination and provide a copy to the chief
83	83	appraiser as provided by Subsection (d). A new determination of the
84	84	executive director may be appealed to the commission in the manner
85	85	provided by this subsection. A proceeding under this subsection is
86	86	not a contested case for purposes of Chapter 2001, Government Code.
87	87	(i) A person seeking an exemption under this section shall
88	88	provide to the chief appraiser a copy of the letter issued by the
89	89	executive director of the Texas [Natural Resource Conservation]
90	90	Commission on Environmental Quality under Subsection (d)
91	91	determining that the facility, device, or method is used wholly or
92	92	partly as pollution control property. The chief appraiser shall
93	93	accept a final determination by the executive director as
94	94	conclusive evidence that the facility, device, or method is used
95	95	wholly or partly as pollution control property.
96	96	SECTION 3. Section 11.31, Tax Code, is amended by adding
97	97	Subsections (g-1) and (n) to read as follows:
98	98	(g-1) The standards and methods for making a determination
99	99	under this section that are established in the rules adopted under
100	100	Subsection (g) apply uniformly to all applications for
101	101	determinations under this section, including applications relating
102	102	to facilities, devices, or methods for the control of air, water, or
103	103	land pollution included on a list adopted by the Texas Commission on
104	104	Environmental Quality under Subsection (k).
105	105	(n) The Texas Commission on Environmental Quality shall
106	106	establish a permanent advisory committee consisting of
107	107	representatives of industry, appraisal districts, taxing units,
108	108	and environmental groups, as well as members who are not
109	109	representatives of any of those entities but have substantial
110	110	technical expertise in pollution control technology and
111	111	environmental engineering, to advise the commission regarding the
112	112	implementation of this section. Chapter 2110, Government Code,
113	113	does not apply to the size, composition, or duration of the advisory
114	114	committee.
115	115	SECTION 4. As soon as practicable after the effective date
116	116	of this Act, the Texas Commission on Environmental Quality shall
117	117	appoint the initial members of the advisory committee under Section
118	118	11.31(n), Tax Code, as added by this Act.
119	119	SECTION 5. (a) The change in law made by Sections
120	120	11.31(g-1) and (n), Tax Code, applies only to a determination that
121	121	is not final on the effective date of this Act on an application
122	122	that was filed on or after January 1, 2009.
123	123	(b) A determination that is not final on the effective date
124	124	of this Act on an application that was filed before January 1, 2009,
125	125	is governed by the law in effect before the effective date of this
126	126	Act, and that law is continued in effect for that purpose.
127	127	SECTION 6. The change in law made by Sections 11.31(g-1) and
128	128	(n), Tax Code, applies only to ad valorem taxes imposed for a tax
129	129	year beginning on or after the effective date of this Act.
130	130	SECTION 7. Section 552.137, Government Code, is amended to
131	131	read as follows:
132	132	Sec. 552.137. CONFIDENTIALITY OF CERTAIN E-MAIL ADDRESSES.
133	133	(a) Except as otherwise provided by this section, an e-mail
134	134	address of a member of the public that is provided for the purpose
135	135	of communicating electronically with a governmental body is
136	136	confidential and not subject to disclosure under this chapter.
137	137	(b) Confidential information described by this section that
138	138	relates to a member of the public may be disclosed if the member of
139	139	the public affirmatively consents to its release.
140	140	(c) Subsection (a) does not apply to an e-mail address:
141	141	(1) provided to a governmental body by a person who has
142	142	a contractual relationship with the governmental body or by the
143	143	contractor's agent;
144	144	(2) provided to a governmental body by a vendor who
145	145	seeks to contract with the governmental body or by the vendor's
146	146	agent;
147	147	(3) contained in a response to a request for bids or
148	148	proposals, contained in a response to similar invitations
149	149	soliciting offers or information relating to a potential contract,
150	150	or provided to a governmental body in the course of negotiating the
151	151	terms of a contract or potential contract; [or]
152	152	(4) provided to a governmental body on a letterhead,
153	153	coversheet, printed document, or other document made available to
154	154	the public; or
155	155	(5) provided to a governmental body for the purpose of
156	156	providing public comment on or receiving notices related to an
157	157	application for a license as defined by Section 2001.003(2) of this
158	158	code, or receiving orders or decisions from a governmental body.
159	159	(d) Subsection (a) does not prevent a governmental body from
160	160	disclosing an e-mail address for any reason to another governmental
161	161	body or to a federal agency.
162	162	SECTION 8. Section 552.228, Government Code, is amended to
163	163	read as follows:
164	164	Sec. 552.228. PROVIDING SUITABLE COPY OF PUBLIC INFORMATION
165	165	WITHIN REASONABLE TIME. (a) It shall be a policy of a governmental
166	166	body to provide a suitable copy of public information within a
167	167	reasonable time after the date on which the copy is requested.
168	168	(b) If public information exists in an electronic or
169	169	magnetic medium, the requestor may request a copy [either on paper
170	170	or] in an electronic medium, such as on diskette or on magnetic
171	171	tape. A governmental body shall provide a copy in the requested
172	172	medium if:
173	173	(1) the governmental body has the technological
174	174	ability to produce a copy of the requested information in the
175	175	requested medium;
176	176	(2) the governmental body is not required to purchase
177	177	any software or hardware to accommodate the request; and
178	178	(3) provision of a copy of the information in the
179	179	requested medium will not violate the terms of any copyright
180	180	agreement between the governmental body and a third party.
181	181	(c) If a governmental body is unable to comply with a
182	182	request to produce a copy of information in a requested medium for
183	183	any of the reasons described by this section, the governmental body
184	184	shall provide [a paper copy of the requested information or] a copy
185	185	in another medium that is acceptable to the requestor. A
186	186	governmental body is not required to copy information onto a
187	187	diskette or other material provided by the requestor but may use its
188	188	own supplies.
189	189	SECTION 9. The changes in law made to Section 552.228,
190	190	Government Code, by this Act apply only to requests received by the
191	191	agency on or after September 1, 2009. Requests received by the
192	192	agency before the effective date of this Act are governed by the
193	193	former law, and that law is continued in effect for that purpose.
194	194	SECTION 10. Except as otherwise provided by this Act, this
195	195	Act takes effect September 1, 2009.
196	196	______________________________ ______________________________
197	197	President of the Senate Speaker of the House
198	198	I certify that H.B. No. 3544 was passed by the House on May 5,
199	199	2009, by the following vote: Yeas 144, Nays 0, 1 present, not
200	200	voting; and that the House concurred in Senate amendments to H.B.
201	201	No. 3544 on May 25, 2009, by the following vote: Yeas 142, Nays 0,
202	202	1 present, not voting.
203	203	______________________________
204	204	Chief Clerk of the House
205	205	I certify that H.B. No. 3544 was passed by the Senate, with
206	206	amendments, on May 22, 2009, by the following vote: Yeas 30, Nays
207	207	0.
208	208	______________________________
209	209	Secretary of the Senate
210	210	APPROVED: __________________
211	211	Date
212	212	__________________
213	213	Governor