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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) 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 or ordinance that conflicts with or is |
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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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(d) The validity or applicability of a rule or ordinance of |
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a local government or other political subdivision may be determined |
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in an action for declaratory judgment under Chapter 37, Civil |
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Practice and Remedies Code, if it is alleged that the rule or |
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ordinance, or its threatened application, interferes with, [or] |
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impairs, or threatens to interfere with or impair, the legal rights |
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or privileges of the plaintiff concerning an issued permit, an |
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application for a permit, or the issuance of a permit for the |
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siting, construction, or operation of a hazardous waste management |
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or municipal solid waste facility. |
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(g) This section does not prevent or limit: |
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(1) a county or municipality from exercising the |
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authority granted under Section 363.112; or |
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(2) a county from exercising the authority granted |
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under Section 364.012. |
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SECTION 3. This Act takes effect September 1, 2021. |