HBA-DMD H.B. 480 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 480 By: Seaman Energy Resources 6/28/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, a person seeking a permit for a commercial surface disposal facility must have only notified adjacent landowners of the permit application. This may not have provided county officials and affected citizens adequate notice of the person's application, even when that facility could have threatened drinking water supplies or the local environment. H.B. 480 requires a person who files an application for a permit for a commercial surface disposal facility to publish notice of the application in a newspaper of general circulation in the county in which the proposed disposal would occur. This bill also requires the staff of the Railroad Commission of Texas to conduct a public meeting to receive public comment on an application for a commercial surface disposal facility. 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 Subchapter D, Chapter 91, Natural Resources Code, by adding Sections 91.116 and 91.117, as follows: Sec. 91.116. NOTICE OF COMMERCIAL SURFACE DISPOSAL FACILITY PERMIT APPLICATION. Defines "commercial surface disposal facility" in this section. Requires a person who files an application for a permit for a commercial surface disposal facility to publish notice of the application in accordance with this section. Specifies the information included in the notice. Establishes specifications for publication of the notice. Sec. 91.117. PUBLIC INFORMATION HEARING ON APPLICATION FOR COMMERCIAL SURFACE DISPOSAL FACILITY PERMIT. Defines "commercial surface disposal facility" in this section. Requires the staff of the Railroad Commission of Texas (commission) to conduct a public meeting to receive public comment on an application for a commercial surface disposal facility if the commission determines a public meeting is in the public interest. Provides that the meeting must be held in the county in which the proposed facility would be located. SECTION 2.Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.