SB 2214

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
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
(d)  The commission may adopt rules as necessary to
SECTION 2.  Section 361.089, Health and Safety Code, is
amended by amending Subsection (e) and adding Subsection (e-1) to
(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
(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
SECTION 3.  Section 361.089(f), Health and Safety Code, is
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
SECTION 6.  This Act takes effect September 1, 2025.