| 1 | 1 | | 88R2076 JAM-F |
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| 2 | 2 | | By: Blanco S.B. No. 844 |
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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, other |
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| 22 | 22 | | than a notice required to be mailed under Subchapter F or V, Chapter |
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| 23 | 23 | | 361, Health and Safety Code, must be sent in the alternative |
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| 24 | 24 | | language in which a bilingual education program is or would have |
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| 25 | 25 | | been taught if either the elementary or middle school nearest to the |
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| 26 | 26 | | facility or proposed facility is required to provide a bilingual |
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| 27 | 27 | | education program as required by Subchapter B, Chapter 29, |
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| 28 | 28 | | Education Code, and: |
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| 29 | 29 | | (1) students are enrolled in a program at that school; |
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| 30 | 30 | | (2) students from that school attend a bilingual |
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| 31 | 31 | | education program at another location; or |
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| 32 | 32 | | (3) the school that otherwise would be required to |
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| 33 | 33 | | provide a bilingual education program has been granted an exception |
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| 34 | 34 | | from the requirements to provide the program as provided by rules of |
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| 35 | 35 | | the Texas Education Agency. |
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| 36 | 36 | | (b) The applicant shall pay the costs associated with |
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| 37 | 37 | | mailing notice under this section, including costs for the |
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| 38 | 38 | | translation of the notice into a language other than English. |
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| 39 | 39 | | SECTION 3. Section 5.554, Water Code, is amended to read as |
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| 40 | 40 | | follows: |
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| 41 | 41 | | Sec. 5.554. PUBLIC MEETING. (a) During the public comment |
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| 42 | 42 | | period, the executive director may hold one or more public meetings |
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| 43 | 43 | | in the county in which the facility is located or proposed to be |
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| 44 | 44 | | located. The executive director shall hold a public meeting: |
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| 45 | 45 | | (1) on the request of a member of the legislature who |
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| 46 | 46 | | represents the general area in which the facility is located or |
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| 47 | 47 | | proposed to be located; or |
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| 48 | 48 | | (2) if the executive director determines that there is |
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| 49 | 49 | | substantial public interest in the proposed activity. |
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| 50 | 50 | | (b) If notice of the public meeting was required to be |
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| 51 | 51 | | mailed in a language other than English under Section 5.5531, the |
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| 52 | 52 | | commission shall provide in each language in which the notice was |
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| 53 | 53 | | required to be sent: |
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| 54 | 54 | | (1) a simultaneous translation of a public meeting by |
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| 55 | 55 | | a translator proficiently skilled at translating the applicable |
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| 56 | 56 | | language; and |
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| 57 | 57 | | (2) a translation of the transcript of the meeting. |
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| 58 | 58 | | (c) A transcript produced under Subsection (b)(2) must be: |
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| 59 | 59 | | (1) paid for by the applicant for the proposed |
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| 60 | 60 | | activity; and |
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| 61 | 61 | | (2) made publicly available in the same manner and |
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| 62 | 62 | | from the same location as other written or audio records of the |
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| 63 | 63 | | meeting. |
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| 64 | 64 | | SECTION 4. Section 5.555, Water Code, is amended by adding |
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| 65 | 65 | | Subsection (c) to read as follows: |
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| 66 | 66 | | (c) If a notice associated with the permit or other |
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| 67 | 67 | | authorization is required to be mailed in a language other than |
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| 68 | 68 | | English under Section 5.5531, the commission shall provide a |
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| 69 | 69 | | translation of the responses to public comment in each language in |
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| 70 | 70 | | which the notice was required to be sent. The applicant shall pay |
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| 71 | 71 | | the costs associated with a translation made under this subsection. |
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| 72 | 72 | | SECTION 5. Subchapter M, Chapter 5, Water Code, as amended |
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| 73 | 73 | | by this Act, applies only to a permit application or an application |
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| 74 | 74 | | for a municipal setting designation that is filed with the Texas |
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| 75 | 75 | | Commission on Environmental Quality on or after the effective date |
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| 76 | 76 | | of this Act. A permit application or an application for a municipal |
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| 77 | 77 | | setting designation filed before the effective date of this Act is |
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| 78 | 78 | | governed by the law in effect on the date of filing, and that law is |
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| 79 | 79 | | continued in effect for that purpose. |
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| 80 | 80 | | SECTION 6. This Act takes effect September 1, 2023. |
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