By: Keffer H.B. No. 3863
Substitute the following for H.B. No. 3863:
By: Sheffield C.S.H.B. No. 3863
A BILL TO BE ENTITLED
AN ACT
relating to transportation access plans for certain facilities
permitted by the Texas Commission on Environmental Quality or the
Railroad Commission of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 251, Transportation Code,
is amended by adding Section 251.018 to read as follows:
Sec. 251.018. TRANSPORTATION ACCESS PLAN FOR CERTAIN
PERMITTED FACILITIES. (a) In this section, "permit" includes a
license, registration, or other form of authorization required by
law for a person to engage in an action.
(b) A person required to obtain a permit from the Texas
Commission on Environmental Quality or the Railroad Commission of
Texas to operate a facility located in an unincorporated area of a
county shall prepare a transportation access plan for the facility.
The plan must be submitted to the commissioners court of the county
and provide for the recovery by the county of any additional costs
to the county for road construction, maintenance, or repair related
to access to the facility, as determined by an analysis completed by
an independent engineer who holds a license issued under Chapter
1001, Occupations Code.
(c) Except as provided by Subsection (d), a transportation
access plan under this section must:
(1) be approved by the commissioners court of the
county; and
(2) be filed as part of each application for an
original or renewal permit for the facility.
(d) The commissioners court of a county by order and for
good cause shown may waive the requirements of this section for a
facility in that county.
(e) This section shall not apply to the approval, issuance,
or renewal of a license, permit, or registration for a municipal
solid waste facility regulated under Chapter 361, Health and Safety
Code.
SECTION 2. Subchapter M, Chapter 5, Water Code, is amended
by adding Section 5.559 to read as follows:
Sec. 5.559. TRANSPORTATION ACCESS PLAN REQUIRED FOR
APPLICATION TO BE ADMINISTRATIVELY COMPLETE. (a) Notwithstanding
Section 5.551(a), this section applies to any permit issued by the
commission, regardless of the law under which the permit or permit
renewal is issued.
(b) If an applicant for a permit or permit renewal to be
issued by the commission is required to submit a transportation
access plan under Section 251.018, Transportation Code, the
application is not considered administratively complete unless the
plan has been approved and filed with the commission as required by
that section.
SECTION 3. Subchapter C, Chapter 81, Natural Resources
Code, is amended by adding Section 81.065 to read as follows:
Sec. 81.065. TRANSPORTATION ACCESS PLAN REQUIRED FOR
APPLICATION TO BE ADMINISTRATIVELY COMPLETE. (a) In this section,
"permit" includes a license, registration, or other form of
authorization required by law for a person to engage in an action.
(b) If an applicant for a permit or permit renewal to be
issued by the commission is required to submit a transportation
access plan under Section 251.018, Transportation Code, the
application is not considered administratively complete unless the
plan has been approved and filed with the commission as required by
that section.
SECTION 4. This Act takes effect September 1, 2009.