86R9851 SLB-D
By: Dutton H.B. No. 1804
A BILL TO BE ENTITLED
AN ACT
relating to public comments on matters subject to a hearing under
the jurisdiction of the Texas Commission on Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5.555, Water Code, is amended to read as
follows:
Sec. 5.555. RESPONSE TO AND CONSIDERATION OF PUBLIC
COMMENTS. (a) The executive director, in accordance with
procedures provided by commission rule, shall file with the chief
clerk of the commission a response to each [relevant and material]
public comment on the preliminary decision filed during the public
comment period.
(b) The chief clerk of the commission shall transmit the
executive director's decision, the public comments made during the
public comment period, the executive director's responses
[response] to public comments, and instructions for requesting that
the commission reconsider the executive director's decision or hold
a contested case hearing to:
(1) the applicant;
(2) any person who submitted comments during the
public comment period; and
(3) any person who requested to be on the mailing list
for the permit action.
(c) The commission shall consider all public comments
submitted during the public comment period when deciding on an
action related to an application.
SECTION 2. Section 5.555, Water Code, as amended by this
Act, applies only to a permit application filed with the Texas
Commission on Environmental Quality on or after the effective date
of this Act. A permit application filed before the effective date
of this Act is governed by the law in effect on the date of filing,
and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2019.