By:  Brimer                                            H.B. No. 459
       73R1460 MI-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 361.1021 to read as follows:
    1-7        Sec. 361.1021.  PROHIBITION ON PERMIT FOR LANDFILL NEAR
    1-8  DRINKING WATER SUPPLY.  The commission by rule shall prohibit the
    1-9  issuance of a permit for a new solid waste landfill if any part of
   1-10  the landfill is to be located within 1,000 feet of a surface water
   1-11  body used for a public drinking water supply or of an open
   1-12  watercourse that feeds that body.
   1-13        SECTION 2.  This Act applies only to an application for a
   1-14  permit for a solid waste landfill that is filed with the Texas
   1-15  Water Commission or its successor on or after the effective date of
   1-16  this Act.
   1-17        SECTION 3.  The importance of this legislation and the
   1-18  crowded condition of the calendars in both houses create an
   1-19  emergency and an imperative public necessity that the
   1-20  constitutional rule requiring bills to be read on three several
   1-21  days in each house be suspended, and this rule is hereby suspended,
   1-22  and that this Act take effect and be in force from and after its
   1-23  passage, and it is so enacted.