BILL ANALYSIS



S.B. 432
By: Truan, Zaffirini (Raymond)
5-2-95
Committee Report (Unamended)


BACKGROUND

Currently, Chapter 361, Health and Safety Code, authorizes counties
to delineate the areas of the county where solid waste disposal
facilities may be located.  No validation act exists which makes
legitimate such action by a county government with a population of
1,000 or less, regardless of any mistakes made in the county's
resolution establishing the areas.

PURPOSE

As proposed, S.B. 432 validates governmental acts that occurred
before January 1, 1995, relating to solid waste disposal management
in counties with a population of 1,000 or less.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1.   Amends Title 28, Revised Statutes, by adding Article
974d-44, as follows:

     Art. 974d-44.  VALIDATION OF COUNTY ACTS AND PROCEEDINGS    REGARDING NONHAZARDOUS SOLID WASTE DISPOSAL.

           Sec. 1.  APPLICATION.  Makes this article applicable
only to a county         with a population of 1,000 or less.

           Sec. 2.  PROCEEDINGS VALIDATED. Validates governmental
acts and       proceedings, on the date they occurred before
January 1, 1995, relating to the        prohibition of nonhazardous
solid waste disposal, the siting or operation of a          nonhazardous waste disposal facility, or nonhazardous solid waste
disposal.           Prohibits the proceedings, orders, and
ordinances from being held invalid           because they were not
performed in accordance with procedural requirements of          Chapter 361, Health and Safety Code, or other law.

           Sec. 3.  EFFECT ON LITIGATION.  Prohibits application of
this article to          any matter that on the effective date of
this article is involved in litigation if the          litigation
ultimately results in the matter being held invalid by a final
court          judgment, or has been held invalid by a final court
judgment.

SECTION 2.   Emergency clause.
             Effective date: upon passage.

SUMMARY OF COMMITTEE ACTION

SB 432 was considered by the County Affairs Committee in a public
hearing on 4/26/95. Representative Raymond opened. The following
people testified for SB 432: Jim Allison, representing McMullen
County; and Frank Reilly, representing the City of Corpus Christi;
and Jim Huff, representing himself. The following people testified
against SB 432: Paul Angeneno, representing Hallco Texas, Inc.; and
Wendall Corrigan, representing Hallco Texas, Inc.; and Jon Fisher,
representing the Texas Chemical Council. The following people
testified neutrally on SB 432: Minor Brooks Hibbs, representing the
Texas Natural Resources Conservation Commission; and Scott Baker,
representing the Texas Natural Resources Conservation Commission.
Representative Raymond closed. SB 432 was left pending. The County
Affairs Committee considered SB 432 in a formal meeting on 5/2/95.
SB 432 was reported favorably with the recommendation that it do
pass and be printed, by the record vote of 7 ayes, 1 nay, 1 pnv, 0
absent.