HBA-MPM S.B. 487 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 487
By: Brown
Environmental Regulation
4/9/1999
Engrossed



BACKGROUND AND PURPOSE 

Current law provides that a landfill permit applicant has 270 days to
submit additional information to the Texas Natural Resource Conservation
Commission (TNRCC), as requested, to make a landfill permit
administratively complete.  S.B. 487 instructs TNRCC  to establish, by
rule, the deadline for submission of additional information requested to
make the landfill application administratively complete.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Natural Resource Conservation
Commission in SECTION 1 (Section 361.066, Health and Safety Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 361.066, Health and Safety Code, by amending
Subsection (a) and adding Subsection (c), as follows: 

(a)  Provides that an applicant must submit any portion of an application
that the Texas Natural Resource Conservation Commission (TNRCC) determines
necessary to make the application administratively complete no later than
the deadlines set by TNRCC under Subsection (c), rather than the 270th day
after the applicant receives notice from TNRCC that additional information
or material is needed. 

(c)  Requires TNRCC, by rule, to establish a deadline for the submission of
additional information or material after the applicant receives notice from
TNRCC that the information or material is needed to make the application
administratively complete. 

SECTION 2.  Effective date:  September 1, 1999.
Makes application of this Act prospective.

SECTION 3.  Emergency clause.