1-1 By: Ratliff S.B. No. 235 1-2 (In the Senate - Filed February 2, 1993; February 2, 1993, 1-3 read first time and referred to Committee on Natural Resources; 1-4 April 27, 1993, reported favorably by the following vote: Yeas 8, 1-5 Nays 0; April 27, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Sims x 1-9 Truan x 1-10 Armbrister x 1-11 Barrientos x 1-12 Bivins x 1-13 Brown x 1-14 Carriker x 1-15 Lucio x 1-16 Montford x 1-17 Ratliff x 1-18 Shelley x 1-19 A BILL TO BE ENTITLED 1-20 AN ACT 1-21 relating to consideration of recycling availability before issuance 1-22 of municipal landfill permits. 1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-24 SECTION 1. Subchapter C, Chapter 361, Health and Safety 1-25 Code, is amended by adding Section 361.0965 to read as follows: 1-26 Sec. 361.0965. CONSIDERATION OF RECYCLING AVAILABILITY 1-27 BEFORE ISSUANCE OF MUNICIPAL LANDFILL PERMIT. Before issuing a 1-28 permit or approving a license for a new landfill for the disposal 1-29 of municipal solid waste that will be located within the service 1-30 area of a recycling facility that is operating or under 1-31 construction, the commission shall consider: 1-32 (1) whether the proposed landfill would receive for 1-33 disposal solid waste that would otherwise be received and processed 1-34 at the recycling facility; and 1-35 (2) whether the recycling facility has or will have 1-36 the capacity within a reasonable amount of time to meet the demand 1-37 for solid waste disposal within the service area of the proposed 1-38 landfill. 1-39 SECTION 2. The change in law made by this Act applies only 1-40 to an application for a permit issued under Subchapter C, Chapter 1-41 361, Health and Safety Code, or for approval of a license issued 1-42 under Subchapter E, Chapter 361, Health and Safety Code, that is 1-43 received by the Texas Water Commission or its successor on or after 1-44 the effective date of this Act. 1-45 SECTION 3. This Act takes effect September 1, 1993. 1-46 SECTION 4. The importance of this legislation and the 1-47 crowded condition of the calendars in both houses create an 1-48 emergency and an imperative public necessity that the 1-49 constitutional rule requiring bills to be read on three several 1-50 days in each house be suspended, and this rule is hereby suspended. 1-51 * * * * * 1-52 Austin, 1-53 Texas 1-54 April 27, 1993 1-55 Hon. Bob Bullock 1-56 President of the Senate 1-57 Sir: 1-58 We, your Committee on Natural Resources to which was referred S.B. 1-59 No. 235, have had the same under consideration, and I am instructed 1-60 to report it back to the Senate with the recommendation that it do 1-61 pass and be printed. 1-62 Sims, 1-63 Chairman 1-64 * * * * * 1-65 WITNESSES 1-66 No witnesses appeared on S.B. No. 235.