| 1 | 1 | | By: Lozano H.B. No. 1747 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the expedited processing of certain applications for |
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| 7 | 7 | | permits under the Clean Air Act; use of revenue. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 322.05155, Health and Safety Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | Sec. 382.05155. EXPEDITED PROCESSING OF APPLICATION. |
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| 12 | 12 | | (a) An applicant, in a manner prescribed by the commission, |
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| 13 | 13 | | may request the expedited processing of an application filed under |
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| 14 | 14 | | this chapter if the applicant demonstrates that the purpose of the |
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| 15 | 15 | | application will benefit the economy of this state or an area of |
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| 16 | 16 | | this state. |
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| 17 | 17 | | (b) The executive director may grant an expedited |
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| 18 | 18 | | processing request if the executive director determines that |
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| 19 | 19 | | granting the request will benefit the economy of this state or an |
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| 20 | 20 | | area of this state. |
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| 21 | 21 | | (c) The expediting of an application under this section does |
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| 22 | 22 | | not affect a contested case hearing or applicable federal, state, |
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| 23 | 23 | | and regulatory requirements, including the notice, opportunity for |
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| 24 | 24 | | a public hearing, and submission of public comment required under |
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| 25 | 25 | | this chapter. |
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| 26 | 26 | | (d) The commission by rule may add a surcharge to an |
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| 27 | 27 | | application fee assessed under this chapter for an expedited |
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| 28 | 28 | | application in an amount sufficient to cover the expenses incurred |
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| 29 | 29 | | by the expediting, including overtime, contract labor, and other |
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| 30 | 30 | | costs. |
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| 31 | 31 | | (e) The commission shall be appropriated any revenue from |
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| 32 | 32 | | fee revenues collected and deposited to the account from expedited |
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| 33 | 33 | | permit review surcharges assessed in accordance with this section. |
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| 34 | 34 | | (e) (f) The commission may authorize the use of overtime or |
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| 35 | 35 | | contract labor to process expedited applications. The overtime or |
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| 36 | 36 | | contract labor authorized under this section is not included in the |
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| 37 | 37 | | calculation of the number of full-time equivalent commission |
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| 38 | 38 | | employees allotted under other law. |
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| 39 | 39 | | (f) (g) The commission may pay for compensatory time, |
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| 40 | 40 | | overtime, or contract labor used to implement this section. |
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| 41 | 41 | | (g) (h) A rule adopted under this section must be consistent |
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| 42 | 42 | | with Chapter 2001, Government Code. A rule adopted under this |
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| 43 | 43 | | section regarding notice must include a provision to require an |
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| 44 | 44 | | indication that the application is being processed in an expedited |
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| 45 | 45 | | manner. |
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