bill tying permit renewals to local enforcement history

The text as introduced · 366 words

By: Menéndez
S.B. No. 3022

A BILL TO BE ENTITLED

AN ACT

relating to the denial by the Texas Commission on Environmental

Quality of a renewal permit.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter M-1, 5, Water Code is amended by

adding section 5.588 to read as follows:

(Section 5.588.) The commission may deny a renewal permit if

it is found, after notice and hearing, that the permit holder has a

history of enforcement actions having been taken against the permit

holder in connection with the permitted facility or other

facilities for which the permit holder holds a permit by a political

subdivision for the violation of environmental or health and safety

regulations of the political subdivision.

Section 2. Sec 361.089(f) Health and Safety Code is amended

to read as follows:

(f) Before denying a permit under this section, the

commission must find:

(1) that the applicant or permit holder has a

compliance history that is classified as unsatisfactory according

to commission standards under Sections 5.753 and 5.754 , Water Code,

and rules adopted and procedures developed under those sections;

[ or ]

(2) that the permit holder or applicant is indebted to

the state for fees, payment of penalties, or taxes imposed by this

title or by a rule of the commission ; or

(3) for a denial made under Subsection (M-1), that the

permit holder has a history of enforcement actions having been

taken against the permit holder in connection with the permitted

facility or other facilities for which the permit holder holds a

permit by a political subdivision for the violation of

environmental or health and safety regulations of the political

subdivision .

SECTION 3. This Act, applies only to an application for the

renewal of a permit that is filed with the Texas Commission on

Environmental Quality on or after the effective date of this Act.

An application for the renewal of a permit that is filed before the

effective date of this Act is governed by the law in effect on the

date of filing, and that law is continued in effect for that

purpose.

SECTION 4. This Act takes effect September 1, 2025.