86R5400 JRR-D
By: Thompson of Brazoria H.B. No. 4360
A BILL TO BE ENTITLED
AN ACT
relating to the review of permit applications for municipal solid
waste facilities and the issuance of a notice of deficiency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 361, Health and Safety
Code, is amended by adding Section 361.0661 to read as follows:
Sec. 361.0661. REVIEW OF PERMIT APPLICATION FOR MUNICIPAL
SOLID WASTE FACILITY; NOTICE OF DEFICIENCY. (a) The commission
shall review each application for a permit for a municipal solid
waste facility promptly.
(b) If after review of an application described by
Subsection (a), the commission finds that necessary information is
omitted from the application, that the application contains
incorrect information that is material to the application, or that
more information is necessary to complete the processing of the
application, the commission shall issue a notice of deficiency and
order the information to be provided to the commission not later
than the 60th day after the date the notice is issued. If the
information is not provided to the commission on or before that
date, the commission shall dismiss the application.
(c) The commission may issue a notice of deficiency for an
application described by Subsection (a) only for the reasons
specified by Subsection (b). For purposes of determining whether
an application contains incorrect information that is material to
the application, the commission may not consider administrative or
clerical errors, including typographical errors.
(d) To the extent of a conflict between this section and
Section 361.066 or a rule adopted under that section, this section
controls.
(e) The commission may adopt rules as necessary to implement
this section.
SECTION 2. The change in law made by this Act applies only
to an application for a permit that is submitted to the Texas
Commission on Environmental Quality on or after the effective date
of this Act. An application for a permit that was submitted to the
Texas Commission on Environmental Quality before the effective date
of this Act is governed by the law in effect at the time the
application was filed, and the former law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2019.