87R8347 SLB-D
By: Morales Shaw H.B. No. 2990
A BILL TO BE ENTITLED
AN ACT
relating to a requirement to make certain environmental and water
use permit applications available online.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5.552, Water Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Not later than the 30th day after the date the executive
director determines the application to be administratively
complete:
(1) the applicant shall:
(A) post a copy of the application on a publicly
accessible Internet website and provide to the commission the
address of that website; and
(B) publish, [notice of intent to obtain a
permit] at least once in the newspaper of largest circulation in the
county in which the facility to which the application relates is
located or proposed to be located or, if the facility to which the
application relates is located or proposed to be located in a
municipality, at least once in a newspaper of general circulation
in the municipality, a notice of intent to obtain a permit that
includes the Internet website address provided under Paragraph (A);
and
(2) the chief clerk of the commission shall mail
notice of intent to obtain a permit to:
(A) the state senator and representative who
represent the general area in which the facility is located or
proposed to be located;
(B) the mayor and health authorities of the
municipality in which the facility is located or proposed to be
located;
(C) the county judge and health authorities of
the county in which the facility is located or proposed to be
located; and
(D) the river authority in which the facility is
located or proposed to be located if the application is under
Chapter 26[, Water Code].
(b-1) The applicant shall:
(1) post at the Internet website address described by
Subsection (b)(1) any subsequent revision or supplement to the
application as the revision or supplement becomes available; and
(2) maintain the posting at the Internet website
address described by Subsection (b)(1) until the commission takes
final action on the application.
SECTION 2. Section 11.124, Water Code, is amended by adding
Subsection (g) to read as follows:
(g) The applicant shall post a copy of the application, the
map, and any supporting materials required by this subchapter on a
publicly accessible Internet website and provide the commission
with the address of that website in the application sent to the
commission under this section. The applicant shall:
(1) post any subsequent revision or supplement to the
application as the revision or supplement becomes available; and
(2) maintain the posting until the commission takes
final action on the application.
SECTION 3. Section 11.132(c), Water Code, is amended to
read as follows:
(c) In the notice, the commission shall:
(1) state the name and address of the applicant;
(2) state the date the application was filed;
(3) state the purpose and extent of the proposed
appropriation of water;
(4) identify the source of supply and the place where
the water is to be stored or taken or diverted from the source of
supply;
(5) identify any proposed alternative source of water,
other than state water, identified by the applicant;
(6) specify the time and location where the commission
will consider the application;
(7) provide the Internet website address of the posted
application, map, and supporting materials; and
(8) [(7)] give any additional information the
commission considers necessary.
SECTION 4. The changes in law made by this Act apply only to
an application received by the Texas Commission on Environmental
Quality on or after the effective date of this Act. An application
received before the effective date of this Act is governed by the
law in effect on the date the application was received, and the
former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2021.