By:  Telford                                          H.B. No. 1402
       73R5147 MI-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the disposal of certain industrial solid waste in
    1-3  certain locations.
    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 361.0901 to read as follows:
    1-7        Sec. 361.0901.  PROHIBITION ON CERTAIN INDUSTRIAL SOLID WASTE
    1-8  DISPOSAL IN 100-YEAR FLOODPLAIN OR NEAR DRINKING WATER SUPPLY.  (a)
    1-9  The commission by rule shall prohibit the disposal of industrial
   1-10  solid waste in or on a disposal site described by
   1-11  Section 361.090(a) if any part of the disposal site is to be
   1-12  located:
   1-13              (1)  in the 100-year floodplain existing before
   1-14  disposal site development; or
   1-15              (2)  less than one-half mile from a surface water body
   1-16  used for a public drinking water supply, from an open watercourse
   1-17  that feeds that body, or from a source of groundwater used for
   1-18  drinking water.
   1-19        (b)  The commission by rule shall require the owner or
   1-20  operator of the plant or operation from which the waste results or
   1-21  is produced to provide sufficient information to assure that the
   1-22  disposal site is not subject to inundation of a 100-year flood
   1-23  event.
   1-24        SECTION 2.  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.