By:  Ratliff                                          S.B. No. 1036
       73R419 JJT-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the disposal of solid waste in certain landfills.
    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 361.115 to read as follows:
    1-6        Sec. 361.115.  CERTIFICATION OF LANDFILL CAPACITY TO
    1-7  MUNICIPALITY; RESTRICTIONS ON CONTRACT.  (a)  The owner or operator
    1-8  of a solid waste landfill facility permitted by the commission or
    1-9  licensed by a county, before entering into a contract with a
   1-10  municipality for the disposal of the municipality's solid waste,
   1-11  must certify to the municipality that the facility has the capacity
   1-12  to dispose of the volume of waste proposed in the contract for the
   1-13  duration of the contract.
   1-14        (b)  The owner or operator of a solid waste landfill facility
   1-15  permitted by the commission or licensed by a county who has a
   1-16  contract with a municipality to dispose of the municipality's solid
   1-17  waste may not enter into a contract to accept solid waste generated
   1-18  from outside the municipality's extraterritorial jurisdiction for
   1-19  disposal at the facility in an amount that would reduce the
   1-20  projected life of the facility to less than the remaining duration
   1-21  of the contract for the disposal of the municipality's waste.
   1-22        (c)  The commission by rule shall require the owner or
   1-23  operator of a solid waste landfill facility permitted by the
   1-24  commission or licensed by a county who has a contract with a
    2-1  municipality for the disposal of the municipality's solid waste to
    2-2  certify and report to the municipality annually that the owner or
    2-3  operator has the capacity to fulfill its contractual obligations to
    2-4  the municipality for solid waste disposal.  The certification must
    2-5  include a statement:
    2-6              (1)  of the remaining permitted solid waste disposal
    2-7  capacity of the facility;
    2-8              (2)  of the contractually committed volumes or tonnages
    2-9  of waste accepted at the facility;
   2-10              (3)  from a registered professional engineer in this
   2-11  state that the capacities stated in the certification are correct;
   2-12  and
   2-13              (4)  from the owner or operator that the facility
   2-14  possesses the capacity to fulfill the disposal commitments in the
   2-15  contract with the municipality.
   2-16        SECTION 2.  This Act takes effect September 1, 1993.
   2-17        SECTION 3.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency   and   an   imperative   public   necessity   that   the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended.