| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to responsibilities of the Texas Commission on |
|
|
Environmental Quality and Production Area Authorizations. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 27.0513, Water Code, is amended as |
|
|
follows: |
|
|
(d) Notwithstanding Sections 5.551, 5.556, 27.011, and |
|
|
27.018, an application for an authorization submitted after |
|
|
September 1, 2007, is an uncontested matter not subject to a |
|
|
contested case hearing or the hearing requirements of Chapter 2001, |
|
|
Government Code., unless the authorization seeks any of the
|
|
|
following:
|
|
|
(1) an amendment to a restoration table value;
|
|
|
(2)
the initial establishment of monitoring wells for
|
|
|
any area covered by the authorization, including the location,
|
|
|
number, depth, spacing, and design of the monitoring wells, unless
|
|
|
the executive director uses the recommendation of an independent
|
|
|
third-party expert chosen by the commission; or
|
|
|
(3)
an amendment to the type or amount of bond required
|
|
|
for groundwater restoration or by Section 27.073 to assure that
|
|
|
there are sufficient funds available to the state for groundwater
|
|
|
restoration or the plugging of abandoned wells in the area by a
|
|
|
third-party contractor.
|
|
|
(e) The executive director may use an independent |
|
|
third-party expert if: |
|
|
(1) the expert meets the qualifications set by |
|
|
commission rules for such experts; |
|
|
(2) the applicant for the authorization agrees to pay |
|
|
the costs for the work of the expert; and |
|
|
(3) the applicant for the authorization is not |
|
|
involved in the selection of the expert or the direction of the work |
|
|
of the expert. |
|
|
(f)
An application seeking approval under Subsections
|
|
|
(d)(1)-(3) is subject to the public notice and contested hearing
|
|
|
requirements provided in Section 27.018.
|
|
|
SECTION 2. EFFECTIVE DATE. This Act takes effect |
|
|
immediately if it receives a vote of two-thirds of all the members |
|
|
elected to each house, as provided by Section 39, Article III, Texas |
|
|
Constitution. If this Act does not receive the vote necessary for |
|
|
immediate effect, this Act takes effect September 1, 2011. |