By: Uresti S.B. No. 1756
(In the Senate - Filed March 8, 2013; March 25, 2013, read
first time and referred to Committee on Natural Resources;
April 15, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 10, Nays 1;
April 15, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1756 By: Uresti
A BILL TO BE ENTITLED
AN ACT
relating to the expedited processing of certain applications for
permits under the Clean Air Act; authorizing a surcharge.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 382, Health and Safety
Code, is amended by adding Section 382.05155 to read as follows:
Sec. 382.05155. EXPEDITED PROCESSING OF APPLICATION. (a)
An applicant, in a manner prescribed by the commission, may request
the expedited processing of an application filed under this chapter
if the applicant demonstrates that the purpose of the application
will benefit the economy of this state or an area of this state.
(b) The executive director shall grant an expedited
processing request if the executive director determines that
granting the request will benefit the economy of this state or an
area of this state.
(c) The expediting of an application under this section does
not affect a contested case hearing or applicable federal, state,
and regulatory requirements, including the notice, opportunity for
a public hearing, and submission of public comment required under
this chapter.
(d) The commission by rule may add a surcharge to an
application fee assessed under this chapter for an expedited
application in an amount sufficient to cover the expenses incurred
by the expediting, including overtime, incentive pay, contract
labor, and other costs.
(e) The commission may authorize the use of overtime,
financial or other incentives, or contract labor to process
expedited applications. The overtime, incentives, or contract
labor authorized under this section is not included in the
calculation of the number of full-time equivalent commission
employees allotted under other law.
(f) The commission may pay for compensatory time, overtime,
financial or other incentives, or contract labor used to implement
this section.
SECTION 2. As soon as practicable after the effective date
of this Act, the Texas Commission on Environmental Quality shall
adopt rules necessary to implement Section 382.05155, Health and
Safety Code, as added by 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, 2013.
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