HBA-JLV H.B. 3115 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3115
By: Edwards
Environmental Regulation
3/29/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, individuals or groups applying for a permit or permit
review for construction of certain concrete plants are circumventing the
purpose of the notification regulations by publishing ads in small
newspapers with few readers.  If applicants place ads in larger, more
widely read publications, then the public is more adequately notified about
hearings regarding the permit and may therefore have a better opportunity
to attend these hearings.   House Bill 3115 requires an applicant for a
permit or a permit review to publish a notice at least once in a newspaper
or publication that is circulated over 75 percent of the applicable
jurisdiction. 

RULEMAKING AUTHORITY

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

ANALYSIS

House Bill 3115 amends the Health and Safety Code to require an applicant
for a permit or a permit review for construction of certain concrete plants
to publish a notice at least once in a newspaper or publication that is
circulated over 75 percent of the applicable jurisdiction.  The bill
requires the department to establish rules to ensure that a permit
applicant complies with the notice requirement. 

EFFECTIVE DATE

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