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.