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.
Spectrum: Partisan Bill (Democrat 1-0)
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 | |
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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applicant who has withdrawn an application without prejudice | ||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have been denied by the commission or withdrawn prior to the | ||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. |