By: Zaffirini S.B. No. 1719               A BILL TO BE ENTITLED   AN ACT   relating to the permitting processes of the Texas Commission on   Environmental Quality.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS          SECTION 1.  Section 361.064, Health and Safety Code, is   amended by adding Subsections (c), (d), and (e), to read as follows:          (c)  The commission may impose penalties on any applicant who   files an application in bad faith, with the amount of the penalty to   be determined by rulemaking considering the nature of the bad faith   conduct, the harm caused by the conduct, and any prior violations   by the applicant in determining the penalty.           (d)  The commission shall impose reasonable fees for filing   amendments to permits, except that the first amendment filed for   the same application shall not have any associated filing fees.   Such fees shall be based on the actual cost to the commission to   process the amendments.           (e)  Notwithstanding any other provision of law, any fees   associated with an application for a permit under Section 361.061   shall be adjusted annually by the commission to reflect the cost of   inflation as determined by the consumer price index.           SECTION 2.  Subsection 361.089(f), Health and Safety Code,   is repealed.          SECTION 3.  Section 361.089, Health and Safety Code, is   amended by adding Subsections (f) and (g) and amending Subsection   (e)(2) 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;]                (2)  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)  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.          (f)  The commission shall deny an original or renewal permit   if it is found, after notice and hearing, that the permit holder or   applicant made a materially false or misleading statement in   connection with an original or renewal application, either in the   formal application or any other written instrument relating to the   application submitted to the commission, its officers, or its   employees.          (g)  The commission shall deny an original or renewal permit:                 (1)  if the permit holder or applicant files more than   three amendments to the same application; or                (2)  five years after the day the application for a   permit is submitted if the application is not administratively   complete under Section 361.068.          (h)  For purposes of this section, the terms "permit holder"   and "applicant" include each member of a partnership or association   and, with respect to a corporation, each officer and the owner or   owners of a majority of the corporate stock, provided such partner   or owner controls at least 20 percent of the permit holder or   applicant and at least 20 percent of another business which   operates a solid waste management facility.          SECTION 4.  This act takes effect September 1, 2023.