By:  Ratliff                                           S.B. No. 235
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to consideration of recycling availability before issuance
    1-2  of municipal landfill permits.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter C, Chapter 361, Health and Safety
    1-5  Code, is amended by adding Section 361.0965 to read as follows:
    1-6        Sec. 361.0965.  CONSIDERATION OF RECYCLING AVAILABILITY
    1-7  BEFORE ISSUANCE OF MUNICIPAL LANDFILL PERMIT.  Before issuing a
    1-8  permit or approving a license for a new landfill for the disposal
    1-9  of municipal solid waste that will be located within the service
   1-10  area of a recycling facility that is operating or under
   1-11  construction, the commission shall consider:
   1-12              (1)  whether the proposed landfill would receive for
   1-13  disposal solid waste that would otherwise be received and processed
   1-14  at the recycling facility; and
   1-15              (2)  whether the recycling facility has or will have
   1-16  the capacity within a reasonable amount of time to meet the demand
   1-17  for solid waste disposal within the service area of the proposed
   1-18  landfill.
   1-19        SECTION 2.  The change in law made by this Act applies only
   1-20  to an application for a permit issued under Subchapter C, Chapter
   1-21  361, Health and Safety Code, or for approval of a license issued
   1-22  under Subchapter E, Chapter 361, Health and Safety Code, that is
   1-23  received by the Texas Water Commission or its successor on or after
   1-24  the effective date of this Act.
    2-1        SECTION 3.  This Act takes effect September 1, 1993.
    2-2        SECTION 4.  The importance of this legislation and the
    2-3  crowded condition of the calendars in both houses create an
    2-4  emergency and an imperative public necessity that the
    2-5  constitutional rule requiring bills to be read on three several
    2-6  days in each house be suspended, and this rule is hereby suspended.