| 1 | 1 | | 86R9851 SLB-D |
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| 2 | 2 | | By: Dutton H.B. No. 1804 |
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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 public comments on matters subject to a hearing under |
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| 8 | 8 | | the jurisdiction of the Texas Commission on Environmental Quality. |
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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 5.555, Water Code, is amended to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | Sec. 5.555. RESPONSE TO AND CONSIDERATION OF PUBLIC |
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| 13 | 13 | | COMMENTS. (a) The executive director, in accordance with |
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| 14 | 14 | | procedures provided by commission rule, shall file with the chief |
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| 15 | 15 | | clerk of the commission a response to each [relevant and material] |
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| 16 | 16 | | public comment on the preliminary decision filed during the public |
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| 17 | 17 | | comment period. |
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| 18 | 18 | | (b) The chief clerk of the commission shall transmit the |
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| 19 | 19 | | executive director's decision, the public comments made during the |
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| 20 | 20 | | public comment period, the executive director's responses |
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| 21 | 21 | | [response] to public comments, and instructions for requesting that |
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| 22 | 22 | | the commission reconsider the executive director's decision or hold |
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| 23 | 23 | | a contested case hearing to: |
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| 24 | 24 | | (1) the applicant; |
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| 25 | 25 | | (2) any person who submitted comments during the |
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| 26 | 26 | | public comment period; and |
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| 27 | 27 | | (3) any person who requested to be on the mailing list |
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| 28 | 28 | | for the permit action. |
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| 29 | 29 | | (c) The commission shall consider all public comments |
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| 30 | 30 | | submitted during the public comment period when deciding on an |
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| 31 | 31 | | action related to an application. |
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| 32 | 32 | | SECTION 2. Section 5.555, Water Code, as amended by this |
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| 33 | 33 | | Act, applies only to a permit application filed with the Texas |
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| 34 | 34 | | Commission on Environmental Quality on or after the effective date |
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| 35 | 35 | | of this Act. A permit application filed before the effective date |
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| 36 | 36 | | of this Act is governed by the law in effect on the date of filing, |
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| 37 | 37 | | and that law is continued in effect for that purpose. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2019. |
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