By: Menéndez S.B. No. 3022
A BILL TO BE ENTITLED
AN ACT
relating to the denial by the Texas Commission on Environmental
Quality of a renewal permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter M-1, 5, Water Code is amended by
adding section 5.588 to read as follows:
(Section 5.588.) The commission may deny a renewal permit if
it is found, after notice and hearing, that the permit holder has a
history of enforcement actions having been taken against the permit
holder in connection with the permitted facility or other
facilities for which the permit holder holds a permit by a political
subdivision for the violation of environmental or health and safety
regulations of the political subdivision.
Section 2. Sec 361.089(f) Health and Safety Code is amended
to read as follows:
(f) Before denying a permit under this section, the
commission must find:
(1) that the applicant or permit holder has a
compliance history that is classified as unsatisfactory according
to commission standards under Sections 5.753 and 5.754, Water Code,
and rules adopted and procedures developed under those sections;
[or]
(2) that the permit holder or applicant is indebted to
the state for fees, payment of penalties, or taxes imposed by this
title or by a rule of the commission; or
(3) for a denial made under Subsection (M-1), that the
permit holder has a history of enforcement actions having been
taken against the permit holder in connection with the permitted
facility or other facilities for which the permit holder holds a
permit by a political subdivision for the violation of
environmental or health and safety regulations of the political
subdivision.
SECTION 3. This Act, applies only to an application for the
renewal of a permit that is filed with the Texas Commission on
Environmental Quality on or after the effective date of this Act.
An application for the renewal of a permit that is filed before the
effective date of this Act is governed by the law in effect on the
date of filing, and that law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2025.