Texas 2021 - 87th Regular

Texas Senate Bill SB1304 Compare Versions

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11 87R9834 JAM-F
22 By: Blanco S.B. No. 1304
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the provision by the Texas Commission on Environmental
88 Quality of certain information in a language other than English.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subchapter E, Chapter 5, Water Code, is amended
1111 by adding Section 5.1731 to read as follows:
1212 Sec. 5.1731. DUTY TO RESPOND IN LANGUAGE RECEIVED. The
1313 commission shall respond to a request for information, public
1414 comment, response to notice, or other inquiry or correspondence
1515 within the jurisdiction of the commission in the language in which
1616 the matter was received by the commission.
1717 SECTION 2. Subchapter M, Chapter 5, Water Code, is amended
1818 by adding Section 5.5531 to read as follows:
1919 Sec. 5.5531. MAILED NOTICE IN ALTERNATIVE LANGUAGE. (a) A
2020 notice required to be mailed under this subchapter or under Chapter
2121 26 or 27 of this code or Chapter 361, Health and Safety Code, must be
2222 sent in the alternative language in which a bilingual education
2323 program is or would have been taught if either the elementary or
2424 middle school nearest to the facility or proposed facility is
2525 required to provide a bilingual education program as required by
2626 Subchapter B, Chapter 29, Education Code, and:
2727 (1) students are enrolled in a program at that school;
2828 (2) students from that school attend a bilingual
2929 education program at another location; or
3030 (3) the school that otherwise would be required to
3131 provide a bilingual education program has been granted an exception
3232 from the requirements to provide the program as provided by rules of
3333 the Texas Education Agency.
3434 (b) The applicant shall pay the costs associated with
3535 mailing notice under this section, including costs for the
3636 translation of the notice into a language other than English.
3737 SECTION 3. Section 5.554, Water Code, is amended to read as
3838 follows:
3939 Sec. 5.554. PUBLIC MEETING. (a) During the public comment
4040 period, the executive director may hold one or more public meetings
4141 in the county in which the facility is located or proposed to be
4242 located. The executive director shall hold a public meeting:
4343 (1) on the request of a member of the legislature who
4444 represents the general area in which the facility is located or
4545 proposed to be located; or
4646 (2) if the executive director determines that there is
4747 substantial public interest in the proposed activity.
4848 (b) If notice of the public meeting was required to be
4949 mailed in a language other than English under Section 5.5531, the
5050 commission shall provide a translation of the transcript of the
5151 meeting in each language in which the notice was required to be
5252 mailed. A transcript produced under this subsection must be:
5353 (1) paid for by the applicant for the proposed
5454 activity; and
5555 (2) made publicly available in the same manner and
5656 from the same location as other written or audio records of the
5757 meeting.
5858 SECTION 4. Section 5.555, Water Code, is amended by adding
5959 Subsection (c) to read as follows:
6060 (c) If a notice associated with the permit is required to be
6161 mailed in a language other than English under Section 5.5531, the
6262 commission shall provide a translation of the responses to public
6363 comment in each language in which the notice was required to be
6464 sent. The applicant shall pay the costs associated with a
6565 translation made under this subsection.
6666 SECTION 5. Subchapter M, Chapter 5, Water Code, as amended
6767 by this Act, applies only to a permit application that is filed with
6868 the Texas Commission on Environmental Quality on or after the
6969 effective date of this Act. A permit application filed before the
7070 effective date of this Act is governed by the law in effect on the
7171 date of filing, and that law is continued in effect for that
7272 purpose.
7373 SECTION 6. This Act takes effect September 1, 2021.