Tex. Health & Safety Code § 361.0791 · Subchapter C. PERMITS
PUBLIC MEETING AND NOTICE REQUIREMENT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Notwithstanding other law, the commission may hold a public meeting on an application for a new hazardous waste management facility in the county in which the proposed hazardous waste management facility is to be located. The commission may hold a public meeting on an application for a Class 3 modification or a major amendment to an existing facility's hazardous waste permit.
(b) Notwithstanding other law, the commission may hold a public meeting on an application for a new municipal solid waste management facility in the county in which the proposed municipal solid waste management facility is to be located.
(c) A public meeting held as part of a local review process under Section 361.063 meets the requirement of Subsection (a) or (b) if notice is provided as required by this section.
(d) A public meeting under this section is not a contested case hearing under Chapter 2001, Government Code.
(e) If a meeting is required under Subsection (a), not less than once each week during the three weeks preceding a public meeting, the applicant shall publish notice of the meeting in the newspaper of the largest general circulation that is published in the county in which the proposed facility is to be located or, if no newspaper is published in the county, in a newspaper of general circulation in the county. The applicant shall provide the commission an affidavit certifying that the notice was given as required by this section. Acceptance of the affidavit creates a rebuttable presumption that the applicant has complied with this section.
(f) The published notice may not be smaller than 96.8 square centimeters or 15 square inches with the shortest dimension at least 7.6 centimeters or three inches and shall contain, at a minimum, the following information:
(1) the permit application number;
(2) the applicant's name;
(3) the proposed location of the facility; and
(4) the location and availability of copies of the permit application.
(g) The applicant shall pay the cost of notice required to be provided under this section. The commission by rule may establish procedures for payment of those costs.
Notes and commentary — not statutory text
History
Added by Acts 1991, 72nd Leg., ch. 296, Sec. 1.04, eff. June 7, 1991. Amended by Acts 1993, 73rd Leg., ch. 802, Sec. 3, eff. June 18, 1993; Acts 1993, 73rd Leg., ch. 1044, Sec. 3, eff. June 20, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 11.46, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 582 (H.B. 1609), Sec. 2, eff. September 1, 2005.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.361.htm
- Text hash
- sha256 f18f282c09d287a230c35972a465f6584b32568b4033a04a12164be4e584cbe2
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 5 provisions
Provisions in this library whose text cites Tex. Health & Safety Code § 361.0791. Each shows the citation as that text prints it.
Health and Safety Code
- Tex. Health & Safety Code § 361.080HEARING CONCERNING PERMIT APPLICATION FOR HAZARDOUS INDUSTRIAL SOLID WASTE FACILITY.Printed as Section 361.0791
- Tex. Health & Safety Code § 361.081NOTICE OF HEARING CONCERNING APPLICATION FOR A SOLID WASTE FACILITY.Printed as Section 361.0791
- Tex. Health & Safety Code § 361.082APPLICATION FOR HAZARDOUS WASTE PERMIT; NOTICE AND HEARING.Printed as Section 361.0791
- Tex. Health & Safety Code § 361.088PERMIT ISSUANCE, AMENDMENT, EXTENSION AND RENEWAL; NOTICE AND HEARING.Printed as Section 361.0791
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.