| 1 | 1 | | By: Creighton (Senate Sponsor - Nichols) H.B. No. 444 |
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| 2 | 2 | | (In the Senate - Received from the House April 7, 2011; |
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| 3 | 3 | | April 20, 2011, read first time and referred to Committee on |
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| 4 | 4 | | Natural Resources; May 4, 2011, reported favorably by the |
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| 5 | 5 | | following vote: Yeas 9, Nays 0; May 4, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to notification of applications for permits for certain |
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| 11 | 11 | | injection wells. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 27.017, Water Code, is amended to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | Sec. 27.017. RECOMMENDATIONS FROM OTHER ENTITIES. (a) The |
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| 16 | 16 | | executive director shall submit to the [Texas] Department of State |
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| 17 | 17 | | Health Services and to other persons which the commission may |
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| 18 | 18 | | designate copies of every application received in proper form. |
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| 19 | 19 | | These entities may make recommendations to the commission |
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| 20 | 20 | | concerning any aspect of the application within 30 days. |
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| 21 | 21 | | (b) If an application is received in proper form for a |
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| 22 | 22 | | permit for an injection well to dispose of industrial and municipal |
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| 23 | 23 | | waste and the proposed location of the injection well is in the |
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| 24 | 24 | | territory of a groundwater conservation district, the executive |
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| 25 | 25 | | director shall submit a copy of the application to the governing |
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| 26 | 26 | | body of the groundwater conservation district. |
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| 27 | 27 | | SECTION 2. Section 27.018, Water Code, is amended by adding |
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| 28 | 28 | | Subsection (e) to read as follows: |
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| 29 | 29 | | (e) In addition to the requirements of Subsection (c), |
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| 30 | 30 | | before any testimony is heard in a contested case regarding an |
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| 31 | 31 | | application for a permit for an injection well to dispose of |
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| 32 | 32 | | industrial and municipal waste that is proposed to be located in the |
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| 33 | 33 | | territory of a groundwater conservation district, the record of the |
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| 34 | 34 | | proceeding must include evidence that: |
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| 35 | 35 | | (1) a copy of each draft permit proposed by the |
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| 36 | 36 | | executive director was provided to the governing body of the |
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| 37 | 37 | | groundwater conservation district; and |
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| 38 | 38 | | (2) notice of the contested case hearing was mailed to |
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| 39 | 39 | | the governing body of the groundwater conservation district. |
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| 40 | 40 | | SECTION 3. The changes in law made by this Act apply only in |
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| 41 | 41 | | regard to the provision of copies of and proceedings on an |
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| 42 | 42 | | application for a permit for an injection well to dispose of |
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| 43 | 43 | | industrial and municipal waste that is proposed to be located in the |
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| 44 | 44 | | territory of a groundwater conservation district that is received |
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| 45 | 45 | | in proper form by the Texas Commission on Environmental Quality on |
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| 46 | 46 | | or after the effective date of this Act. |
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| 47 | 47 | | SECTION 4. This Act takes effect immediately if it receives |
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| 48 | 48 | | a vote of two-thirds of all the members elected to each house, as |
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| 49 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 50 | 50 | | Act does not receive the vote necessary for immediate effect, this |
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| 51 | 51 | | Act takes effect September 1, 2011. |
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| 52 | 52 | | * * * * * |
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