89R13788 DRS-F     By: Zaffirini S.B. No. 2214       A BILL TO BE ENTITLED   AN ACT   relating to the permitting by the Texas Commission on Environmental   Quality of solid waste facilities; authorizing the imposition of   civil and administrative penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 361, Health and Safety   Code, is amended by adding Sections 361.0642 and 361.0643 to read as   follows:          Sec. 361.0642.  PENALTY FOR FALSE OR MISLEADING STATEMENT.   A person is subject to an administrative or civil penalty under   Chapter 7, Water Code, if the commission finds after notice and   hearing that the person knowingly made a materially false or   misleading statement in connection with an original or renewal   application, either in the formal application or in any other   written instrument relating to the application submitted to the   commission, its officers, or its employees.          Sec. 361.0643.  INFLATION ADJUSTMENT OF AMOUNT OF PERMIT   APPLICATION FEE.  (a)  The commission shall annually:                (1)  adjust for inflation the amount of an application   fee imposed on an applicant for a permit under this chapter; and                (2)  publish the amount of a fee described by   Subdivision (1) as adjusted for inflation.          (b)  In making adjustments under Subsection (a), the   commission shall use the Consumer Price Index for All Urban   Consumers (CPI-U) published by the United States Bureau of Labor   Statistics or its successor in function.          (c)  Adjustments under Subsection (a) take effect on   September 1 of each year.          (d)  The commission may adopt rules as necessary to   administer this section.          SECTION 2.  Section 361.089, Health and Safety Code, is   amended by amending Subsection (e) and adding Subsection (e-1) to   read as follows:          (e)  The commission may deny an original or renewal permit if   it is found, after notice and hearing, that:                (1)  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;                (2)  [the permit holder or applicant made a false or   misleading statement in connection with an original or renewal   application, either in the formal application or in any other   written instrument relating to the application submitted to the   commission, its officers, or its employees;                [(3)]  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) [(4)]  the permit holder or applicant is unable to   ensure that the management of the hazardous waste management   facility conforms or will conform to this title and the rules of the   commission.          (e-1)  The commission shall deny an original or renewal   permit if it is found, after notice and hearing, that the permit   holder or applicant knowingly made a materially false or misleading   statement in connection with an original or renewal application,   either in the formal application or in any other written instrument   relating to the application submitted to the commission, its   officers, or its employees.          SECTION 3.  Section 361.089(f), Health and Safety Code, is   repealed.          SECTION 4.  Sections 361.0642 and 361.0643, Health and   Safety Code, as added by this Act, apply only to a permit   application submitted on or after the effective date of this Act.          SECTION 5.  Section 361.089, Health and Safety Code, as   amended by this Act, applies only to the denial of an original or   renewal permit for which the permit holder or applicant submitted   an application on or after the effective date of this Act.  The   denial of an original or renewal permit for which the permit holder   or applicant submitted an application before the effective date of   this Act is governed by the law as it existed immediately before the   effective date of this Act, and that law is continued in effect for   that purpose.          SECTION 6.  This Act takes effect September 1, 2025.