By Elkins                                             H.B. No. 2407
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the review of certain permitted solid waste facilities.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 361, Texas Health and Safety Code, is
    1-5  amended by adding Section 361.0891 to read as follows:
    1-6        Sec. 361.0891.  REVIEW OF CERTAIN PERMITTED FACILITIES.  (a)
    1-7  Any permit issued without a specified duration for a commercial
    1-8  Type V municipal solid waste facility for which construction and
    1-9  operation has not commenced within ten years from permit issuance,
   1-10  and which has been transferred from the original permittee to
   1-11  another person, shall be suspended pending a commission
   1-12  determination of land use compatibility and the need for the
   1-13  additional municipal solid waste management capacity.
   1-14        (b)  If the commission finds that operation of the municipal
   1-15  solid waste facility as originally permitted is incompatible with
   1-16  existing or proposed land use in the local area, that there is no
   1-17  need for the additional municipal solid waste management capacity,
   1-18  or that there is other good cause for revocation, the permit shall
   1-19  be revoked.  The site of the facility for which a permit has been
   1-20  revoked may be used for the management of municipal solid waste
   1-21  only if a permit for a new municipal solid waste facility is
   1-22  obtained from the commission following notice and opportunity for
   1-23  hearing.
    2-1        (c)  If the commission finds that operation of the facility
    2-2  as originally permitted is compatible with existing or proposed
    2-3  land use in the local area and that there is a need for the
    2-4  additional capacity, any areal or capacity expansion of the
    2-5  facility must be authorized by permit amendment following notice
    2-6  and opportunity for hearing.
    2-7        (d)  Any determination of land use compatibility and need for
    2-8  the facility shall be subject to the public meeting, notice, and
    2-9  hearing requirements of Sections 361.0791(b) and 361.081 of this
   2-10  Chapter.  The commission may consider any other grounds for permit
   2-11  revocation at a hearing under this Section.
   2-12        SECTION 2.  The changes in law made by this Act shall apply
   2-13  to facilities and sites permitted pursuant to the Texas Solid Waste
   2-14  Disposal Act prior to and following the effective date of this Act.
   2-15        SECTION 3.  The importance of this legislation and the
   2-16  crowded condition of the calendars in both houses create an
   2-17  emergency and an imperative public necessity that the
   2-18  constitutional rule requiring bills to be read on three several
   2-19  days in each house be suspended, and this rule is hereby suspended,
   2-20  and that this Act take effect and be in force from and after its
   2-21  passage, and it is so enacted.