By:  Brimer                                            H.B. No. 433
       73R1325 JJT-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the location of certain solid waste disposal
    1-3  facilities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter C, Chapter 361, Health and Safety
    1-6  Code, is amended by adding Section 361.0981 to read as follows:
    1-7        Sec. 361.0981.  PROHIBITION ON PERMIT FOR LANDFILL IN
    1-8  100-YEAR FLOODPLAIN OR NEAR DRINKING WATER SUPPLY.  (a)  The
    1-9  commission by rule shall prohibit the issuance of a permit for a
   1-10  new solid waste landfill if any part of the landfill is to be
   1-11  located:
   1-12              (1)  in the 100-year floodplain existing when the
   1-13  permit application is filed; or
   1-14              (2)  less than one-half mile from surface water body
   1-15  used for a public drinking water supply or from a tributary that
   1-16  feeds that body.
   1-17        (b)  The commission by rule shall require an applicant to
   1-18  provide sufficient information to assure that the proposed landfill
   1-19  is not subject to inundation of a 100-year flood event.
   1-20        SECTION 2.  This Act applies only to an application for a
   1-21  permit for a solid waste landfill that is filed with the Texas
   1-22  Water Commission or its successor on or after the effective date of
   1-23  this Act.
   1-24        SECTION 3.  The importance of this legislation and the
    2-1  crowded condition of the calendars in both houses create an
    2-2  emergency and an imperative public necessity that the
    2-3  constitutional rule requiring bills to be read on three several
    2-4  days in each house be suspended, and this rule is hereby suspended,
    2-5  and that this Act take effect and be in force from and after its
    2-6  passage, and it is so enacted.