HBA-NMO, RBT H.B. 1479 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1479
By: Clark
Natural Resources
7/29/1999
Enrolled



BACKGROUND AND PURPOSE 

State law provides that municipal wastewater discharge permits must be
renewed every five years. Prior to the 76th Legislature, Section 26.028,
Water Code, provided an opportunity for public hearing whenever a
wastewater discharge permit was renewed or amended.  This procedure
subjected the applicant to a hearing process even when there was no
significant change in the permit discharge conditions.  An applicant was
also subject to a public hearing when the applicant proposed to improve the
quality of waste authorized to be discharged under the permit.   

H.B. 1479 allows for the renewal or amendment of a wastewater discharge
permit without a public hearing if there is no significant change in permit
discharge conditions, if the quality of the waste authorized to be
discharged under the permit is to be maintained, improved, and if certain
other conditions exist.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 26.028, Water Code, to authorize the Texas
Natural Resource Conservation Commission (TNRCC), at a regular meeting
without the necessity of holding a public hearing, to approve an
application to renew or amend a permit subject to certain conditions.
Deletes language that authorizes TNRCC to set the application for
consideration and act on it subject to certain conditions.  Makes
conforming changes. 

SECTION 2.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 3.  Emergency clause.