Bill Text: TX HB4360 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the review of permit applications for municipal solid waste facilities and the issuance of a notice of deficiency.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2019-04-24 - Left pending in committee [HB4360 Detail]
Download: Texas-2019-HB4360-Introduced.html
| 86R5400 JRR-D | ||
| By: Thompson of Brazoria | H.B. No. 4360 | |
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| relating to the review of permit applications for municipal solid | ||
| waste facilities and the issuance of a notice of deficiency. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 361, Health and Safety | ||
| Code, is amended by adding Section 361.0661 to read as follows: | ||
| Sec. 361.0661. REVIEW OF PERMIT APPLICATION FOR MUNICIPAL | ||
| SOLID WASTE FACILITY; NOTICE OF DEFICIENCY. (a) The commission | ||
| shall review each application for a permit for a municipal solid | ||
| waste facility promptly. | ||
| (b) If after review of an application described by | ||
| Subsection (a), the commission finds that necessary information is | ||
| omitted from the application, that the application contains | ||
| incorrect information that is material to the application, or that | ||
| more information is necessary to complete the processing of the | ||
| application, the commission shall issue a notice of deficiency and | ||
| order the information to be provided to the commission not later | ||
| than the 60th day after the date the notice is issued. If the | ||
| information is not provided to the commission on or before that | ||
| date, the commission shall dismiss the application. | ||
| (c) The commission may issue a notice of deficiency for an | ||
| application described by Subsection (a) only for the reasons | ||
| specified by Subsection (b). For purposes of determining whether | ||
| an application contains incorrect information that is material to | ||
| the application, the commission may not consider administrative or | ||
| clerical errors, including typographical errors. | ||
| (d) To the extent of a conflict between this section and | ||
| Section 361.066 or a rule adopted under that section, this section | ||
| controls. | ||
| (e) The commission may adopt rules as necessary to implement | ||
| this section. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to an application for a permit that is submitted to the Texas | ||
| Commission on Environmental Quality on or after the effective date | ||
| of this Act. An application for a permit that was submitted to the | ||
| Texas Commission on Environmental Quality before the effective date | ||
| of this Act is governed by the law in effect at the time the | ||
| application was filed, and the former law is continued in effect for | ||
| that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2019. | ||
