Texas 2021 - 87th Regular

Texas House Bill HB348 Compare Versions

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

Old	New	Differences
1	1	By: Zwiener H.B. No. 348
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a requirement to make certain environmental and water
7	7	use permit applications available online.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 5.552, Water Code, is amended by
10	10	amending Subsection (b) and adding Subsection (b-1) to read as
11	11	follows:
12	12	(b) Not later than the 30th day after the date the executive
13	13	director determines the application to be administratively
14	14	complete:
15	15	(1) the applicant shall:
16	16	(A) post a copy of the application on a publicly
17	17	accessible Internet website and provide to the commission the
18	18	address of that website; and
19	19	(B) publish, [notice of intent to obtain a
20	20	permit] at least once in the newspaper of largest circulation in the
21	21	county in which the facility to which the application relates is
22	22	located or proposed to be located or, if the facility to which the
23	23	application relates is located or proposed to be located in a
24	24	municipality, at least once in a newspaper of general circulation
25	25	in the municipality, a notice of intent to obtain a permit that
26	26	includes the Internet website address provided under Paragraph (A);
27	27	and
28	28	(2) the chief clerk of the commission shall mail
29	29	notice of intent to obtain a permit to:
30	30	(A) the state senator and representative who
31	31	represent the general area in which the facility is located or
32	32	proposed to be located;
33	33	(B) the mayor and health authorities of the
34	34	municipality in which the facility is located or proposed to be
35	35	located;
36	36	(C) the county judge and health authorities of
37	37	the county in which the facility is located or proposed to be
38	38	located; and
39	39	(D) the river authority in which the facility is
40	40	located or proposed to be located if the application is under
41	41	Chapter 26[, Water Code].
42	42	(b-1) The applicant shall:
43	43	(1) post at the Internet website address described by
44	44	Subsection (b)(1) any subsequent revision or supplement to the
45	45	application as the revision or supplement becomes available; and
46	46	(2) maintain the posting at the Internet website
47	47	address described by Subsection (b)(1) until the commission takes
48	48	final action on the application.
49	49	SECTION 2. Section 11.124, Water Code, is amended by adding
50	50	Subsection (g) to read as follows:
51	51	(g) The applicant shall post a copy of the application, map,
52	52	and any supporting materials required by this subchapter on a
53	53	publicly accessible Internet website and provide the commission
54	54	with the address of that website in the application sent to the
55	55	commission under this section. The applicant shall:
56	56	(1) post any subsequent revision or supplement to the
57	57	application as the revision or supplement becomes available; and
58	58	(2) maintain the posting until the commission takes
59	59	final action on the application.
60	60	SECTION 3. Section 11.132(c), Water Code, is amended to
61	61	read as follows:
62	62	(c) In the notice, the commission shall:
63	63	(1) state the name and address of the applicant;
64	64	(2) state the date the application was filed;
65	65	(3) state the purpose and extent of the proposed
66	66	appropriation of water;
67	67	(4) identify the source of supply and the place where
68	68	the water is to be stored or taken or diverted from the source of
69	69	supply;
70	70	(5) identify any proposed alternative source of water,
71	71	other than state water, identified by the applicant;
72	72	(6) specify the time and location where the commission
73	73	will consider the application;
74	74	(7) provide the Internet website address of the posted
75	75	application, map, and supporting materials; and
76	76	(8) [(7)] give any additional information the
77	77	commission considers necessary.
78	78	SECTION 4. The changes in law made by this Act apply only to
79	79	an application received by the Texas Commission on Environmental
80	80	Quality on or after the effective date of this Act. An application
81	81	received before the effective date of this Act is governed by the
82	82	law in effect on the date the application was received, and the
83	83	former law is continued in effect for that purpose.
84	84	SECTION 5. This Act takes effect September 1, 2021.