HBA-KDB H.B. 2970 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2970
By: Dukes
Environmental Regulation
3/29/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, the Texas Natural Resource Conservation Commission
(TNRCC) is required to set a hearing to be held not later than the 30th day
after the date that TNRCC receives an application  for a permit for
development of land over closed municipal solid waste landfills.  To comply
with this requirement, a hearing must generally be held before technical
review of the application is complete.  This may reduce the effectiveness
of the hearing and the ability of TNRCC to adequately address public
concerns.  House Bill 2970 removes the requirement that such a hearing be
held not later than the 30th day after the date that TNRCC receives the
application. 

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. 

ANALYSIS

House Bill 2970 amends the Health and Safety Code to modify provisions
relating to a hearing for a permit required for development of land over a
closed municipal solid waste landfill.  The hearing is no longer required
to be held not later than the 30th day after the date that the Texas
Natural Resource Conservation Commission (TNRCC) receives an application
for such a permit.  The bill removes the provision that requires TNRCC by
mail to notify the applicant of the date, time, and place of the hearing
not later than the 15th day before the date of the hearing.  The bill
requires the applicant, rather than TNRCC, to publish notice of the hearing
in a newspaper that is generally circulated in each county in which the
property proposed for development is located.   The bill deletes the
provision that the publish notice must appear at least once a week for the
two weeks before the date of the hearing. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.