86R4307 SLB-F
By: Collier H.B. No. 1006
A BILL TO BE ENTITLED
AN ACT
relating to changes to an application for an environmental permit
before a contested case hearing on the application.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2003.047, Government Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) An applicant whose application has been referred for a
contested case hearing to be held in accordance with this section
may not request changes to the application after the 31st day before
the date scheduled for the preliminary hearing on the application.
If an applicant chooses to not proceed with the preliminary hearing
on the application on or before the 31st day before the date
scheduled for the preliminary hearing, the applicant must withdraw
the application with or without prejudice in accordance with
commission rule. If an applicant who has withdrawn an application
without prejudice subsequently resubmits a revised application,
the applicant must comply with applicable notice and other
requirements in effect on the date the revised application is
submitted to the commission. This subsection does not apply to a
change made to an application for which:
(1) a preliminary hearing has been held and parties to
the hearing have been named;
(2) all parties to the hearing have agreed in writing
to the proposed changes; and
(3) the applicant has complied with applicable notice
requirements.
SECTION 2. Section 382.0291(d), Health and Safety Code, is
repealed.
SECTION 3. The changes in law made by this Act apply only to
an application for the issuance or amendment of a permit pending
before the Texas Commission on Environmental Quality on or after
the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2019.