BILL ANALYSIS C.S.S.B. 432 By: Truan Natural Resources 02-22-95 Committee Report (Substituted) 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 an 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, C.S.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, V.T.C.S., 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 solid 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 or other requirements of Chapter 361, Health and Safety Code. 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 that 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.