By:  Ratliff                                           S.B. No. 235
       73R2777 MI-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to consideration of recycling availability before issuance
    1-3  of municipal landfill permits.
    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 361.0965 to read as follows:
    1-7        Sec. 361.0965.  CONSIDERATION OF RECYCLING AVAILABILITY
    1-8  BEFORE ISSUANCE OF MUNICIPAL LANDFILL PERMIT.  Before issuing a
    1-9  permit or approving a license for a new landfill for the disposal
   1-10  of municipal solid waste that will be located within the service
   1-11  area of a recycling facility that is operating or under
   1-12  construction, the commission shall consider:
   1-13              (1)  whether the proposed landfill would receive for
   1-14  disposal solid waste that would otherwise be received and processed
   1-15  at the recycling facility; and
   1-16              (2)  whether the recycling facility has or will have
   1-17  the capacity within a reasonable amount of time to meet the demand
   1-18  for solid waste disposal within the service area of the proposed
   1-19  landfill.
   1-20        SECTION 2.  The change in law made by this Act applies only
   1-21  to an application for a permit issued under Subchapter C, Chapter
   1-22  361, Health and Safety Code, or for approval of a license issued
   1-23  under Subchapter E, Chapter 361, Health and Safety Code, that is
   1-24  received by the Texas Water Commission or its successor on or after
    2-1  the effective date of this Act.
    2-2        SECTION 3.  This Act takes effect September 1, 1993.
    2-3        SECTION 4.  The importance of this legislation and the
    2-4  crowded condition of the calendars in both houses create an
    2-5  emergency   and   an   imperative   public   necessity   that   the
    2-6  constitutional rule requiring bills to be read on three several
    2-7  days in each house be suspended, and this rule is hereby suspended.