1 | 1 | | 87R9834 JAM-F |
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2 | 2 | | By: Blanco S.B. No. 1304 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the provision by the Texas Commission on Environmental |
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8 | 8 | | Quality of certain information in a language other than English. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subchapter E, Chapter 5, Water Code, is amended |
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11 | 11 | | by adding Section 5.1731 to read as follows: |
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12 | 12 | | Sec. 5.1731. DUTY TO RESPOND IN LANGUAGE RECEIVED. The |
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13 | 13 | | commission shall respond to a request for information, public |
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14 | 14 | | comment, response to notice, or other inquiry or correspondence |
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15 | 15 | | within the jurisdiction of the commission in the language in which |
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16 | 16 | | the matter was received by the commission. |
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17 | 17 | | SECTION 2. Subchapter M, Chapter 5, Water Code, is amended |
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18 | 18 | | by adding Section 5.5531 to read as follows: |
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19 | 19 | | Sec. 5.5531. MAILED NOTICE IN ALTERNATIVE LANGUAGE. (a) A |
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20 | 20 | | notice required to be mailed under this subchapter or under Chapter |
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21 | 21 | | 26 or 27 of this code or Chapter 361, Health and Safety Code, must be |
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22 | 22 | | sent in the alternative language in which a bilingual education |
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23 | 23 | | program is or would have been taught if either the elementary or |
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24 | 24 | | middle school nearest to the facility or proposed facility is |
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25 | 25 | | required to provide a bilingual education program as required by |
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26 | 26 | | Subchapter B, Chapter 29, Education Code, and: |
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27 | 27 | | (1) students are enrolled in a program at that school; |
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28 | 28 | | (2) students from that school attend a bilingual |
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29 | 29 | | education program at another location; or |
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30 | 30 | | (3) the school that otherwise would be required to |
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31 | 31 | | provide a bilingual education program has been granted an exception |
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32 | 32 | | from the requirements to provide the program as provided by rules of |
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33 | 33 | | the Texas Education Agency. |
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34 | 34 | | (b) The applicant shall pay the costs associated with |
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35 | 35 | | mailing notice under this section, including costs for the |
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36 | 36 | | translation of the notice into a language other than English. |
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37 | 37 | | SECTION 3. Section 5.554, Water Code, is amended to read as |
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38 | 38 | | follows: |
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39 | 39 | | Sec. 5.554. PUBLIC MEETING. (a) During the public comment |
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40 | 40 | | period, the executive director may hold one or more public meetings |
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41 | 41 | | in the county in which the facility is located or proposed to be |
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42 | 42 | | located. The executive director shall hold a public meeting: |
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43 | 43 | | (1) on the request of a member of the legislature who |
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44 | 44 | | represents the general area in which the facility is located or |
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45 | 45 | | proposed to be located; or |
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46 | 46 | | (2) if the executive director determines that there is |
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47 | 47 | | substantial public interest in the proposed activity. |
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48 | 48 | | (b) If notice of the public meeting was required to be |
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49 | 49 | | mailed in a language other than English under Section 5.5531, the |
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50 | 50 | | commission shall provide a translation of the transcript of the |
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51 | 51 | | meeting in each language in which the notice was required to be |
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52 | 52 | | mailed. A transcript produced under this subsection must be: |
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53 | 53 | | (1) paid for by the applicant for the proposed |
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54 | 54 | | activity; and |
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55 | 55 | | (2) made publicly available in the same manner and |
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56 | 56 | | from the same location as other written or audio records of the |
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57 | 57 | | meeting. |
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58 | 58 | | SECTION 4. Section 5.555, Water Code, is amended by adding |
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59 | 59 | | Subsection (c) to read as follows: |
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60 | 60 | | (c) If a notice associated with the permit is required to be |
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61 | 61 | | mailed in a language other than English under Section 5.5531, the |
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62 | 62 | | commission shall provide a translation of the responses to public |
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63 | 63 | | comment in each language in which the notice was required to be |
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64 | 64 | | sent. The applicant shall pay the costs associated with a |
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65 | 65 | | translation made under this subsection. |
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66 | 66 | | SECTION 5. Subchapter M, Chapter 5, Water Code, as amended |
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67 | 67 | | by this Act, applies only to a permit application that is filed with |
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68 | 68 | | the Texas Commission on Environmental Quality on or after the |
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69 | 69 | | effective date of this Act. A permit application filed before the |
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70 | 70 | | effective date of this Act is governed by the law in effect on the |
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71 | 71 | | date of filing, and that law is continued in effect for that |
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72 | 72 | | purpose. |
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73 | 73 | | SECTION 6. This Act takes effect September 1, 2021. |
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