| 1 | 1 | | 84R1665 JAM-D |
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| 2 | 2 | | By: Nelson S.B. No. 879 |
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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 the review by certain governmental entities of a permit |
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| 8 | 8 | | application for a solid waste facility. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 361.067, Health and Safety Code, is |
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| 11 | 11 | | amended by amending Subsection (a) and adding Subsection (c) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (a) If the commission determines that a permit application |
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| 14 | 14 | | submitted to it is administratively complete, it shall mail a copy |
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| 15 | 15 | | of the application or a summary of its contents to: |
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| 16 | 16 | | (1) the mayor and health authority of: |
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| 17 | 17 | | (A) each [a] municipality in whose territorial |
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| 18 | 18 | | limits or extraterritorial jurisdiction the solid waste facility is |
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| 19 | 19 | | located; and |
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| 20 | 20 | | (B) each municipality with a boundary located not |
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| 21 | 21 | | more than one mile from the facility; and |
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| 22 | 22 | | (2) the county judge and the health authority of the |
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| 23 | 23 | | county in which the facility is located. |
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| 24 | 24 | | (c) Notwithstanding any other provision of this subchapter, |
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| 25 | 25 | | the commission: |
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| 26 | 26 | | (1) when acting on an application, shall consider |
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| 27 | 27 | | comments and recommendations submitted by a recipient of |
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| 28 | 28 | | information under Subsection (a); and |
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| 29 | 29 | | (2) may deny or amend an application based on comments |
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| 30 | 30 | | and recommendations submitted by a recipient of information under |
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| 31 | 31 | | Subsection (a). |
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| 32 | 32 | | SECTION 2. Section 361.067, Health and Safety Code, as |
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| 33 | 33 | | amended by this Act, applies only to an application for the |
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| 34 | 34 | | issuance, amendment, or renewal of a permit pending before the |
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| 35 | 35 | | Texas Commission on Environmental Quality on or after the effective |
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| 36 | 36 | | date of this Act. A permit issued, amended, or renewed before the |
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| 37 | 37 | | effective date of this Act is governed by the law in effect when the |
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| 38 | 38 | | permit was issued, amended, or renewed, and the former law is |
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| 39 | 39 | | continued in effect for that purpose. |
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| 40 | 40 | | SECTION 3. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2015. |
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