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A BILL TO BE ENTITLED
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AN ACT
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relating to local government and other political subdivision |
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regulation of certain solid waste facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 361.095, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 361.095. LOCAL PERMITS FOR [APPLICANT FOR] HAZARDOUS |
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WASTE MANAGEMENT AND MUNICIPAL SOLID WASTE FACILITIES [FACILITY |
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PERMIT EXEMPT FROM LOCAL PERMIT]. |
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SECTION 2. Section 361.095, Health and Safety Code, is |
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amended by adding Subsections (a-1) and (g) and amending |
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Subsections (b), (c), and (d) to read as follows: |
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(a-1) An applicant for a permit under this subchapter is not |
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required to obtain a permit for the siting, construction, or |
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operation of a municipal solid waste facility from a local |
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government or other political subdivision of the state as a |
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prerequisite to a permit being issued by the commission. |
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(b) A local government or other political subdivision of the |
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state may not adopt a rule, order, or ordinance that conflicts with |
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or is inconsistent with: |
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(1) the requirements for hazardous waste management or |
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municipal solid waste facilities as specified by: |
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(A) the rules of the commission; or |
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(B) [by] a permit issued by the commission; or |
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(2) the requirements for municipal solid waste |
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facilities under Section 361.011. |
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(c) In an action to enforce a rule, order, or ordinance of a |
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local government or other political subdivision, the burden is on |
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the facility owner or operator or on the applicant to demonstrate |
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conflict or inconsistency with state requirements. |
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(d) The validity or applicability of a rule, order, or |
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ordinance of a local government or other political subdivision may |
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be determined in an action for declaratory judgment under Chapter |
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37, Civil Practice and Remedies Code, if it is alleged that the |
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rule, order, or ordinance, or its threatened application, |
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interferes with, [or] impairs, or threatens to interfere with or |
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impair, the legal rights or privileges of the plaintiff concerning |
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an issued permit, an application for a permit, or the issuance of a |
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permit for the siting, construction, or operation of a hazardous |
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waste management or municipal solid waste facility. |
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(g) This section may not be construed to prevent or limit |
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the right of: |
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(1) a county or municipality to exercise the authority |
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granted under Section 363.112 to prohibit the processing or |
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disposal of municipal solid waste; |
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(2) a county to exercise the authority granted under |
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Section 364.012 to prohibit the disposal of municipal solid waste; |
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or |
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(3) a local government or other political subdivision |
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to adopt or enforce a rule, order, or ordinance under the authority |
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of the National Flood Insurance Program governing permits or other |
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approvals for the development of land in areas prone to floods or |
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mudslides. |
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SECTION 3. This Act takes effect September 1, 2021. |