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.