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.