| 1 | 1 | | 85R13028 SLB-D |
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| 2 | 2 | | By: Dutton H.B. No. 2496 |
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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 mailing of a notice of intent to obtain an |
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| 8 | 8 | | environmental permit to certain state legislators. |
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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 5.552(b), Water Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | (b) Not later than the 30th day after the date the executive |
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| 13 | 13 | | director determines the application to be administratively |
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| 14 | 14 | | complete: |
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| 15 | 15 | | (1) the applicant shall publish notice of intent to |
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| 16 | 16 | | obtain a permit at least once in the newspaper of largest |
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| 17 | 17 | | circulation in the county in which the facility to which the |
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| 18 | 18 | | application relates is located or proposed to be located or, if the |
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| 19 | 19 | | facility to which the application relates is located or proposed to |
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| 20 | 20 | | be located in a municipality, at least once in a newspaper of |
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| 21 | 21 | | general circulation in the municipality; and |
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| 22 | 22 | | (2) the chief clerk of the commission shall: |
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| 23 | 23 | | (A) mail notice of intent to obtain a permit to: |
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| 24 | 24 | | [(A) the state senator and representative who |
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| 25 | 25 | | represent the general area in which the facility is located or |
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| 26 | 26 | | proposed to be located;] |
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| 27 | 27 | | (i) [(B)] the mayor and health authorities |
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| 28 | 28 | | of the municipality in which the facility is located or proposed to |
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| 29 | 29 | | be located; |
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| 30 | 30 | | (ii) [(C)] the county judge and health |
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| 31 | 31 | | authorities of the county in which the facility is located or |
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| 32 | 32 | | proposed to be located; and |
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| 33 | 33 | | (iii) [(D)] the river authority in which |
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| 34 | 34 | | the facility is located or proposed to be located if the application |
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| 35 | 35 | | is under Chapter 26, Water Code; and |
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| 36 | 36 | | (B) send notice of intent to obtain a permit by |
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| 37 | 37 | | certified letter, return receipt requested, to the state senator |
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| 38 | 38 | | and representative who represent the general area in which the |
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| 39 | 39 | | facility is located or proposed to be located. |
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| 40 | 40 | | SECTION 2. The changes in law made by this Act apply only to |
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| 41 | 41 | | an application for a permit that is filed with the Texas Commission |
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| 42 | 42 | | on Environmental Quality on or after the effective date of this Act. |
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| 43 | 43 | | An application for a permit filed before the effective date of this |
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| 44 | 44 | | Act is governed by the law in effect on the date of filing, and that |
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| 45 | 45 | | law is continued in effect for that purpose. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2017. |
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