By Saunders H.B. No. 2043
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the process of the Texas Water Commission and to
1-3 exemption from permitting of certain waste management facilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5.103, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 5.103. Rules. (a) The commission shall adopt any
1-8 rules necessary to carry out its powers and duties under this code
1-9 and other laws of this state.
1-10 (b) The commission shall adopt reasonable procedural rules
1-11 to be followed in a commission hearing. The executive director may
1-12 recommend to the commission for its consideration any rules that he
1-13 considers necessary.
1-14 (c) Rules shall be adopted in the manner provided by the
1-15 Administrative Procedure and Texas Register Act (Article 6252-13a,
1-16 Vernon's Texas Civil Statutes). As provided by that Act, the
1-17 commission must adopt rules when adopting, repealing, or amending
1-18 any agency statement of general applicability that interprets or
1-19 prescribes law or policy, or describes the procedure or practice
1-20 requirements of an agency. The commission shall follow its own
1-21 rules as adopted until it changes them in accordance with that Act.
1-22 SECTION 2. Section 361.111, Health and Safety Code, is
1-23 amended to read as follows:
2-1 Sec. 361.111. COMMISSION SHALL <DEPARTMENT MAY> EXEMPT
2-2 CERTAIN MUNICIPAL OR COUNTY FACILITIES. (a) The commission shall
2-3 <department may> exempt from permit requirements a municipal or
2-4 county solid waste management facility that:
2-5 (1) is used in the transfer of municipal solid waste
2-6 from a service area with a population of less than 50,000 or a
2-7 county with a population of less than 85,000 or from a facility
2-8 used in the transfer of municipal solid waste with a capacity of
2-9 125 tons per day or less <5,000> to a solid waste processing or
2-10 disposal site; and
2-11 (2) complies with requirements established by
2-12 commission <board of health> rule that are necessary to protect the
2-13 public's health and the environment.
2-14 (b) To qualify for this exemption the county or municipality
2-15 must hold a public hearing on the siting of the facility.
2-16 SECTION 3. Section 1 of this Act shall apply to all rules in
2-17 existence at the time this law becomes effective and to all rules
2-18 adopted thereafter.
2-19 SECTION 4. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended,
2-24 and that this Act take effect and be in force according to its
2-25 terms, and it is so enacted.