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A BILL TO BE ENTITLED
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AN ACT
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relating to the dismissal of protests against certain decisions and |
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actions of the Texas Commission on Environmental Quality regarding |
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wastewater discharge permits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 26, Water Code, is amended |
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by adding Section 26.0284 to read as follows: |
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Sec. 26.0284. DISMISSAL OF CERTAIN PROTESTS. (a) In this |
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section, "protest" means: |
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(1) a request that the commission hold a contested |
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case hearing on an application for a wastewater discharge permit; |
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(2) a request that the commission reconsider the |
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executive director's decision to issue a wastewater discharge |
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permit; |
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(3) a motion requesting that the commission overturn |
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the executive director's issuance of a wastewater discharge permit; |
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or |
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(4) a motion requesting that the commission review its |
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decision denying a request for a contested case hearing on an |
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application for a wastewater discharge permit or approving an |
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application for a wastewater discharge permit after a contested |
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case hearing has been conducted. |
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(b) The commission shall dismiss a protest if the protest is |
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filed by a municipality that is subject to less stringent |
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wastewater treatment requirements than the requirements |
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established by the permit. |
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SECTION 2. The changes in law made by this Act apply only to |
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a request or motion filed with the Texas Commission on |
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Environmental Quality on or after the effective date of this Act. A |
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request or motion filed before the effective date of this Act is |
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governed by the law in effect on the date the request or motion was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |