BILL ANALYSIS


                                                        S.B. 1611
                                                    By: Henderson
                                                Natural Resources
                                                         05-03-95
                                     Committee Report (Unamended)
BACKGROUND

Laws and regulations governing solid waste management have become
increasingly more restrictive.  Therefore, permits issued years ago
for facilities which are just beginning construction and operation
may no longer be applicable to surrounding land uses.

PURPOSE

As proposed, S.B. 1611 prohibits the Texas Natural Resource
Conservation Commission from issuing a solid waste management
facility permit for a site in close proximity to a recreational
facility, park, or school.

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 Section 361.104, Health and Safety Code, as
follows:

     Sec. 361.104.  PROHIBITION ON PERMIT FOR FACILITY IN
     UNSUITABLE AREA.  (a) Created from existing text.
     
     (b) Prohibits the Texas Natural Resource Conservation
       Commission (commission) from authorizing a new solid waste
       management facility at a site for which a permit has been
       revoked if the site is located within one-quarter mile of a
       recreational facility, park, or school property.  Prohibits
       the commission from authorizing an areal or capacity
       expansion of a solid waste management facility which has not
       been constructed and operated with ten years from permit
       issuance if the site is located within one-quarter mile of
       a recreational facility, park, or school property.
       
       SECTION 2.   Makes application of this Act retroactive.

SECTION 3. Emergency clause.
           Effective date: upon passage.