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.