Texas 2019 - 86th Regular

Texas House Bill HB245 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R1953 SLB-D
2	2	By: Farrar H.B. No. 245
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a requirement to make certain environmental and water
8	8	use permit applications available online.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 5.552, Water Code, is amended by
11	11	amending Subsection (b) and adding Subsection (b-1) to read as
12	12	follows:
13	13	(b) Not later than the 30th day after the date the executive
14	14	director determines the application to be administratively
15	15	complete:
16	16	(1) the applicant shall:
17	17	(A) post a copy of the application on a publicly
18	18	accessible Internet website and provide to the commission the
19	19	address of that website; and
20	20	(B) publish, [notice of intent to obtain a
21	21	permit] at least once in the newspaper of largest circulation in the
22	22	county in which the facility to which the application relates is
23	23	located or proposed to be located or, if the facility to which the
24	24	application relates is located or proposed to be located in a
25	25	municipality, at least once in a newspaper of general circulation
26	26	in the municipality, a notice of intent to obtain a permit that
27	27	includes the Internet website address provided under Paragraph (A);
28	28	and
29	29	(2) the chief clerk of the commission shall mail
30	30	notice of intent to obtain a permit to:
31	31	(A) the state senator and representative who
32	32	represent the general area in which the facility is located or
33	33	proposed to be located;
34	34	(B) the mayor and health authorities of the
35	35	municipality in which the facility is located or proposed to be
36	36	located;
37	37	(C) the county judge and health authorities of
38	38	the county in which the facility is located or proposed to be
39	39	located; and
40	40	(D) the river authority in which the facility is
41	41	located or proposed to be located if the application is under
42	42	Chapter 26[, Water Code].
43	43	(b-1) The applicant shall:
44	44	(1) post at the Internet website address described by
45	45	Subsection (b)(1) any subsequent revision or supplement to the
46	46	application as the revision or supplement becomes available; and
47	47	(2) maintain the posting at the Internet website
48	48	address described by Subsection (b)(1) until the commission takes
49	49	final action on the application.
50	50	SECTION 2. Section 11.124, Water Code, is amended by adding
51	51	Subsection (g) to read as follows:
52	52	(g) The applicant shall post a copy of the application, map,
53	53	and any supporting materials required by this subchapter on a
54	54	publicly accessible Internet website and provide the commission
55	55	with the address of that website in the application sent to the
56	56	commission under this section. The applicant shall:
57	57	(1) post any subsequent revision or supplement to the
58	58	application as the revision or supplement becomes available; and
59	59	(2) maintain the posting until the commission takes
60	60	final action on the application.
61	61	SECTION 3. Section 11.132(c), Water Code, is amended to
62	62	read as follows:
63	63	(c) In the notice, the commission shall:
64	64	(1) state the name and address of the applicant;
65	65	(2) state the date the application was filed;
66	66	(3) state the purpose and extent of the proposed
67	67	appropriation of water;
68	68	(4) identify the source of supply and the place where
69	69	the water is to be stored or taken or diverted from the source of
70	70	supply;
71	71	(5) identify any proposed alternative source of water,
72	72	other than state water, identified by the applicant;
73	73	(6) specify the time and location where the commission
74	74	will consider the application;
75	75	(7) provide the Internet website address of the posted
76	76	application, map, and supporting materials; and
77	77	(8) [(7)] give any additional information the
78	78	commission considers necessary.
79	79	SECTION 4. The changes in law made by this Act apply only to
80	80	an application received by the Texas Commission on Environmental
81	81	Quality on or after the effective date of this Act. An application
82	82	received before the effective date of this Act is governed by the
83	83	law in effect on the date the application was received, and the
84	84	former law is continued in effect for that purpose.
85	85	SECTION 5. This Act takes effect September 1, 2019.