1-1 By: Kamel, Yost (Senate Sponsor - Ratliff) H.B. No. 130
1-2 (In the Senate - Received from the House May 5, 1993;
1-3 May 6, 1993, read first time and referred to Committee on Natural
1-4 Resources; May 14, 1993, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; May 14, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the disposal of solid waste in certain landfills.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Subchapter C, Chapter 361, Health and Safety
1-24 Code, is amended by adding Section 361.115 to read as follows:
1-25 Sec. 361.115. CERTIFICATION OF LANDFILL CAPACITY TO
1-26 MUNICIPALITY; RESTRICTIONS ON CONTRACT. (a) The owner or operator
1-27 of a solid waste landfill facility permitted by the commission or
1-28 licensed by a county, before entering into a contract with a
1-29 municipality for the disposal of the municipality's solid waste,
1-30 must certify to the municipality that the facility has the capacity
1-31 to dispose of the volume of waste proposed in the contract for the
1-32 duration of the contract, if requested in writing by the
1-33 municipality.
1-34 (b) The owner or operator of a solid waste landfill facility
1-35 permitted by the commission or licensed by a county who has a
1-36 contract with a municipality to dispose of the municipality's solid
1-37 waste may not enter into a contract to accept solid waste generated
1-38 from outside the municipality's extraterritorial jurisdiction for
1-39 disposal at the facility in an amount that would reduce the
1-40 projected life of the facility to less than the remaining duration
1-41 of the contract for the disposal of the municipality's waste unless
1-42 alternative disposal is provided.
1-43 (c) The owner or operator of a solid waste landfill facility
1-44 permitted by the commission or licensed by a county who has a
1-45 contract with a municipality for the disposal of the municipality's
1-46 solid waste shall, if requested in writing by the municipality,
1-47 certify and report to the municipality annually that the owner or
1-48 operator has the capacity to fulfill its contractual obligations to
1-49 the municipality for solid waste disposal. The certification if
1-50 requested must include a statement:
1-51 (1) of the remaining permitted solid waste disposal
1-52 capacity of the facility;
1-53 (2) of the contractually committed volumes or tonnages
1-54 of waste accepted at the facility; and
1-55 (3) from the owner or operator that the facility
1-56 possesses the capacity to fulfill the disposal commitments in the
1-57 contract with the municipality.
1-58 SECTION 2. This Act takes effect September 1, 1993.
1-59 SECTION 3. The importance of this legislation and the
1-60 crowded condition of the calendars in both houses create an
1-61 emergency and an imperative public necessity that the
1-62 constitutional rule requiring bills to be read on three several
1-63 days in each house be suspended, and this rule is hereby suspended.
1-64 * * * * *
1-65 Austin,
1-66 Texas
1-67 May 14, 1993
1-68 Hon. Bob Bullock
2-1 President of the Senate
2-2 Sir:
2-3 We, your Committee on Natural Resources to which was referred H.B.
2-4 No. 130, have had the same under consideration, and I am instructed
2-5 to report it back to the Senate with the recommendation that it do
2-6 pass and be printed.
2-7 Sims,
2-8 Chairman
2-9 * * * * *
2-10 WITNESSES
2-11 No witnesses appeared on H.B. No. 130.