S.B. No. 1756
  relating to the expedited processing of certain applications for
  permits under the Clean Air Act; authorizing a surcharge.
         SECTION 1.  Subchapter C, Chapter 382, Health and Safety
  Code, is amended by adding Section 382.05155 to read as follows:
  (a)  An applicant, in a manner prescribed by the commission, may
  request the expedited processing of an application filed under this
  chapter if the applicant demonstrates that the purpose of the
  application will benefit the economy of this state or an area of
  this state.
         (b)  The executive director may grant an expedited
  processing request if the executive director determines that
  granting the request will benefit the economy of this state or an
  area of this state.
         (c)  The expediting of an application under this section does
  not affect a contested case hearing or applicable federal, state,
  and regulatory requirements, including the notice, opportunity for
  a public hearing, and submission of public comment required under
  this chapter.
         (d)  The commission by rule may add a surcharge to an
  application fee assessed under this chapter for an expedited
  application in an amount sufficient to cover the expenses incurred
  by the expediting, including overtime, contract labor, and other
         (e)  The commission may authorize the use of overtime or
  contract labor to process expedited applications. The overtime or
  contract labor authorized under this section is not included in the
  calculation of the number of full-time equivalent commission
  employees allotted under other law.
         (f)  The commission may pay for compensatory time, overtime,
  or contract labor used to implement this section.
         (g)  A rule adopted under this section must be consistent
  with Chapter 2001, Government Code.  A rule adopted under this
  section regarding notice must include a provision to require an
  indication that the application is being processed in an expedited
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the Texas Commission on Environmental Quality shall
  adopt rules necessary to implement Section 382.05155, Health and
  Safety Code, as added by this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 1756 passed the Senate on
  April 22, 2013, by the following vote: Yeas 29, Nays 2; and that
  the Senate concurred in House amendment on May 20, 2013, by the
  following vote: Yeas 30, Nays 1.
  Secretary of the Senate    
         I hereby certify that S.B. No. 1756 passed the House, with
  amendment, on May 17, 2013, by the following vote: Yeas 137,
  Nays 3, three present not voting.
  Chief Clerk of the House