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applicant who has withdrawn an application without prejudice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have been denied by the commission or withdrawn prior to the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repealed.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