| 1 | 1 | | 88R3316 JRR-F |
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| 2 | 2 | | By: Collier H.B. No. 411 |
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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 changes to an application for an environmental permit |
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| 8 | 8 | | before a contested case hearing on the application. |
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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. Section 2003.047, Government Code, is amended by |
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| 11 | 11 | | adding Subsection (d-1) to read as follows: |
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| 12 | 12 | | (d-1) An applicant whose application has been referred for a |
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| 13 | 13 | | contested case hearing to be held in accordance with this section |
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| 14 | 14 | | may not request changes to the application after the 31st day before |
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| 15 | 15 | | the date scheduled for the preliminary hearing on the application. |
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| 16 | 16 | | If an applicant chooses to not proceed with the preliminary hearing |
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| 17 | 17 | | on the application on or before the 31st day before the date |
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| 18 | 18 | | scheduled for the preliminary hearing, the applicant must withdraw |
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| 19 | 19 | | the application with or without prejudice in accordance with |
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| 20 | 20 | | commission rule. If an applicant who has withdrawn an application |
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| 21 | 21 | | without prejudice subsequently resubmits a revised application, |
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| 22 | 22 | | the applicant must comply with applicable notice and other |
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| 23 | 23 | | requirements in effect on the date the revised application is |
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| 24 | 24 | | submitted to the commission. This subsection does not apply to a |
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| 25 | 25 | | change made to an application for which: |
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| 26 | 26 | | (1) a preliminary hearing has been held and parties to |
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| 27 | 27 | | the hearing have been named; |
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| 28 | 28 | | (2) all parties to the hearing have agreed in writing |
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| 29 | 29 | | to the proposed changes; and |
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| 30 | 30 | | (3) the applicant has complied with applicable notice |
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| 31 | 31 | | requirements. |
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| 32 | 32 | | SECTION 2. Section 382.0291(d), Health and Safety Code, is |
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| 33 | 33 | | repealed. |
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| 34 | 34 | | SECTION 3. The changes in law made by this Act apply only to |
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| 35 | 35 | | an application for the issuance or amendment of a permit pending |
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| 36 | 36 | | before the Texas Commission on Environmental Quality on or after |
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| 37 | 37 | | the effective date of this Act. |
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| 38 | 38 | | SECTION 4. This Act takes effect September 1, 2023. |
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