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.
Spectrum: Partisan Bill (Republican 1-0)
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. |