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.