Bill Text: TX SB1990 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to changes to an application for an environmental permit before a contested case hearing on the application.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2019-03-19 - Referred to Natural Resources & Economic Development [SB1990 Detail]
Download: Texas-2019-SB1990-Introduced.html
| By: Zaffirini | S.B. No. 1990 | |
|
|
||
|
|
||
| relating to changes to an application for an environmental permit | ||
| before a contested case hearing on the application. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 2003.047, Government Code, is amended by | ||
| adding Subsection (d-1) to read as follows: | ||
| (d-1) This section only applies to an environmental permit | ||
| governed by Texas Water Code Chapter 26 or 27 or Texas Health and | ||
| Safety Code Chapter 361 or 382. An applicant whose environmental | ||
| permit application has been referred for a contested case hearing | ||
| to be held in accordance with this section may not request or make | ||
| changes to the application, other than changes to correct clerical | ||
| errors or update other non-technical information in the | ||
| application, after the 31st day before the date scheduled for the | ||
| preliminary hearing on the application. If an applicant chooses | ||
| not to proceed with the preliminary hearing on the application | ||
| after the 31st day before the date scheduled for the preliminary | ||
| hearing, the applicant must withdraw the application with or | ||
| without prejudice in accordance with commission rule. If an | ||
| applicant who has withdrawn an application without prejudice | ||
| subsequently resubmits a revised application, the applicant must | ||
| comply with applicable notice and other requirements in effect on | ||
| the date the revised application is submitted to the commission. | ||
| This subsection does not apply to a change made to an application | ||
| for which: | ||
| (1) all timely requests for a contested case hearing | ||
| have been denied by the commission or withdrawn prior to the | ||
| preliminary hearing; | ||
| (2) a preliminary hearing has been held and parties to | ||
| the hearing have been named; | ||
| (3) all parties to the hearing have agreed in writing | ||
| to the proposed changes; and | ||
| (4) the applicant has complied with applicable notice | ||
| requirements. | ||
| SECTION 2. Section 382.0291(d), Health and Safety Code, is | ||
| repealed. | ||
| SECTION 3. The changes in law made by this Act apply only to | ||
| an application for the issuance or amendment of a permit pending | ||
| before the Texas Commission on Environmental Quality on or after | ||
| the effective date of this Act. | ||
| SECTION 4. This Act takes effect September 1, 2019. | ||
