| 1 | 1 | | By: Zaffirini S.B. No. 1990 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to changes to an application for an environmental permit |
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| 7 | 7 | | before a contested case hearing on the application. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 2003.047, Government Code, is amended by |
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| 10 | 10 | | adding Subsection (d-1) to read as follows: |
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| 11 | 11 | | (d-1) This section only applies to an environmental permit |
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| 12 | 12 | | governed by Texas Water Code Chapter 26 or 27 or Texas Health and |
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| 13 | 13 | | Safety Code Chapter 361 or 382. An applicant whose environmental |
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| 14 | 14 | | permit application has been referred for a contested case hearing |
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| 15 | 15 | | to be held in accordance with this section may not request or make |
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| 16 | 16 | | changes to the application, other than changes to correct clerical |
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| 17 | 17 | | errors or update other non-technical information in the |
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| 18 | 18 | | application, after the 31st day before the date scheduled for the |
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| 19 | 19 | | preliminary hearing on the application. If an applicant chooses |
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| 20 | 20 | | not to proceed with the preliminary hearing on the application |
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| 21 | 21 | | after the 31st day before the date scheduled for the preliminary |
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| 22 | 22 | | hearing, the applicant must withdraw the application with or |
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| 23 | 23 | | without prejudice in accordance with commission rule. If an |
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| 24 | 24 | | applicant who has withdrawn an application without prejudice |
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| 25 | 25 | | subsequently resubmits a revised application, the applicant must |
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| 26 | 26 | | comply with applicable notice and other requirements in effect on |
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| 27 | 27 | | the date the revised application is submitted to the commission. |
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| 28 | 28 | | This subsection does not apply to a change made to an application |
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| 29 | 29 | | for which: |
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| 30 | 30 | | (1) all timely requests for a contested case hearing |
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| 31 | 31 | | have been denied by the commission or withdrawn prior to the |
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| 32 | 32 | | preliminary hearing; |
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| 33 | 33 | | (2) a preliminary hearing has been held and parties to |
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| 34 | 34 | | the hearing have been named; |
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| 35 | 35 | | (3) all parties to the hearing have agreed in writing |
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| 36 | 36 | | to the proposed changes; and |
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| 37 | 37 | | (4) the applicant has complied with applicable notice |
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| 38 | 38 | | requirements. |
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| 39 | 39 | | SECTION 2. Section 382.0291(d), Health and Safety Code, is |
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| 40 | 40 | | repealed. |
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| 41 | 41 | | SECTION 3. The changes in law made by this Act apply only to |
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| 42 | 42 | | an application for the issuance or amendment of a permit pending |
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| 43 | 43 | | before the Texas Commission on Environmental Quality on or after |
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| 44 | 44 | | the effective date of this Act. |
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| 45 | 45 | | SECTION 4. This Act takes effect September 1, 2019. |
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