By: Farrar H.B. No. 3544
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Texas Commission on Environmental
Quality to grant or deny an air contaminant emissions permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 382.0518(d) and (e), Health and Safety
Code, are amended to read as follows:
(d) If the commission finds that the emissions from the
proposed facility will contravene the standards under Subsection
(b) or will contravene the intent of this chapter, the commission
shall deny [may not grant] the permit, permit amendment, or special
permit. However, if the application for the permit, permit
amendment, or special permit has not been the subject of a contested
case hearing and the commission makes the finding described by this
subsection, the commission [and] shall set out in a report to the
applicant its specific objections to the submitted plans of the
proposed facility and may grant or deny the application as provided
by Subsection (e).
(e) If the person applying for a permit, permit amendment,
or special permit makes the alterations in the person's plans and
specifications to meet the commission's specific objections, the
commission shall grant the permit, permit amendment, or special
permit. If the person fails or refuses to alter the plans and
specifications, the commission shall deny [may not grant] the
permit, permit amendment, or special permit. The commission may
refuse to accept a person's new application until the commission's
objections to the plans previously submitted by that person are
satisfied.
SECTION 2. The change in law made by this Act applies to an
application for a permit, permit amendment, or special permit that
is pending with the Texas Commission on Environmental Quality on
the effective date of this Act or is filed with the commission on or
after the effective date of this Act.
SECTION 3. 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, 2011.