HBA-DMD C.S.H.B. 480 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 480
By: Seaman
Energy Resources
4/9/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, a person seeking a permit for a commercial surface
disposal facility must only notify adjacent landowners of the permit
application. This may not provide county officials and affected citizens
adequate notice of the person's application, even when that facility could
threaten drinking water supplies or the local environment.  

C.S.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 (commission) 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 provisions 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

This substitute differs from the original bill in SECTION 1 (proposed
Sections 91.116 and 91.117, Natural Resources Code) by changing the titles
for each section. In Section 91.116 the proposed title of "Notice of Land
Treatment Permit Application" is changed to "Notice of Commercial Surface
Disposal Facility Permit Application." In Section 91.117 the proposed title
of "Public Information  Hearing on Land Treatment Permit Application" is
changed to "Public Information Hearing on Application for Commercial
Surface Disposal Facility Permit." This substitute conforms to the changes
in the title. 

This substitute differs from the original bill in proposed Section 91.116
by adding the definition for "commercial surface disposal facility,"
modifying the provisions included in the required notice, and modifying the
specifications for publication of the notice. 

This substitute differs from the original bill in proposed Section 91.117
by adding the definition for "commercial surface disposal facility," and
specifying that a public meeting may be held if the commission determines
that it would be in the public interest. The substitute also deletes the
specification that comments at the meeting are part of the record.