89R14310 CMO-D
By: Luther H.B. No. 4981
A BILL TO BE ENTITLED
AN ACT
relating to a scoring system for all permit applications within the
jurisdiction of the Texas Commission on Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter M-1, Chapter 5, Water Code, is
amended by adding Section 5.588 to read as follows:
Sec. 5.588. PERMIT APPLICATION SCORING SYSTEM. (a) In
addition to any criteria the commission would otherwise consider
when evaluating a permit application, the commission shall also
score each application using a point system that prioritizes
criteria regarding:
(1) quantifiable community participation as provided
by Subsection (c), evaluated on the basis of:
(A) resolutions concerning the subject of the
permit application that are voted on and adopted by the governing
body of any political subdivision in which the proposed facility or
activity to which the application relates is or will be located; and
(B) written statements from:
(i) any neighborhood organizations on
record with the state or county likely to be directly affected by
the permit application; and
(ii) each state senator and state
representative who represents the area in which the facility or
activity to which the application relates is or will be located; and
(2) any criteria otherwise required by law for the
commission to evaluate the relevant permit application.
(b) In scoring a permit application under Subsection (a),
the commission shall weigh the criteria in Subsection (a)(1) to
account for 55 percent of the score and the criteria in Subsection
(a)(2) to account for 45 percent of the score. The commission may
not approve a permit application that receives a total score of less
than 75 percent of the total points available.
(c) In evaluating the level of community support for an
application under Subsection (a)(1), the commission shall award:
(1) positive points for positive statements received;
(2) negative points for negative statements received;
and
(3) zero points for neutral statements received.
(d) The commission shall publish on its Internet website the
details of the scoring system used by the commission in accordance
with this section.
SECTION 2. Section 5.588, Water Code, as added by this Act,
applies only to a permit application submitted to the Texas
Commission on Environmental Quality on or after the effective date
of this Act.
SECTION 3. This Act takes effect September 1, 2025.