By: Lozano H.B. No. 1747
A BILL TO BE ENTITLED
AN ACT
relating to the expedited processing of certain applications for
permits under the Clean Air Act; use of revenue.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 322.05155, Health and Safety Code, is
amended 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 may 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, contract labor, and other
costs.
(e) The commission shall be appropriated any revenue from
fee revenues collected and deposited to the account from expedited
permit review surcharges assessed in accordance with this section.
(e) (f) The commission may authorize the use of overtime or
contract labor to process expedited applications. The overtime 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) (g) The commission may pay for compensatory time,
overtime, or contract labor used to implement this section.
(g) (h) A rule adopted under this section must be consistent
with Chapter 2001, Government Code. A rule adopted under this
section regarding notice must include a provision to require an
indication that the application is being processed in an expedited
manner.