| 1 | 1 | | 81R2535 SMH-D |
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| 2 | 2 | | By: Farabee H.B. No. 4206 |
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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 a requirement that an applicant for a permit to |
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| 8 | 8 | | construct an electric generating facility demonstrate that a |
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| 9 | 9 | | sufficient amount of water is available for use in connection with |
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| 10 | 10 | | the operation of the facility. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 382.0518, Health and Safety Code, is |
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| 13 | 13 | | amended by adding Subsection (j) to read as follows: |
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| 14 | 14 | | (j) Notwithstanding Subsection (b), the commission may not |
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| 15 | 15 | | grant a permit to construct an electric generating facility unless |
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| 16 | 16 | | the applicant for the permit submits to the commission and the |
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| 17 | 17 | | appropriate regional water planning group a study that demonstrates |
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| 18 | 18 | | that a sufficient amount of water is available in the applicable |
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| 19 | 19 | | regional water planning area for use in connection with the |
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| 20 | 20 | | operation of the facility. |
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| 21 | 21 | | SECTION 2. The change in law made by this Act applies only |
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| 22 | 22 | | to an application for a permit or permit amendment that is submitted |
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| 23 | 23 | | to the Texas Commission on Environmental Quality on or after the |
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| 24 | 24 | | effective date of this Act. An application for a permit or permit |
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| 25 | 25 | | amendment that was submitted to the Texas Commission on |
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| 26 | 26 | | Environmental Quality before the effective date of this Act is |
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| 27 | 27 | | governed by the law in effect at the time the application was filed, |
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| 28 | 28 | | and the former law is continued in effect for that purpose. |
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| 29 | 29 | | SECTION 3. This Act takes effect September 1, 2009. |
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