By:  Truan, Zaffirini                                  S.B. No. 432
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the validation of acts and proceedings of certain
    1-2  counties regarding nonhazardous solid waste disposal.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Title 28, Revised Statutes, is amended by adding
    1-5  Article 974d-44 to read as follows:
    1-6        Art. 974d-44.  VALIDATION OF COUNTY ACTS AND PROCEEDINGS
    1-7  REGARDING NONHAZARDOUS SOLID WASTE DISPOSAL
    1-8        Sec. 1.  APPLICATION.  This article applies only to a county
    1-9  with a population of 1,000 or less.
   1-10        Sec. 2.  PROCEEDINGS VALIDATED.  The governmental acts and
   1-11  proceedings of a county that occurred before January 1, 1995,
   1-12  relating to the prohibition of the disposal of nonhazardous solid
   1-13  waste, the siting or operation of a nonhazardous solid waste
   1-14  disposal facility, or the disposal of nonhazardous solid waste are
   1-15  validated on the dates they occurred.  The proceedings, orders, and
   1-16  ordinances may not be held invalid because they were not performed
   1-17  in accordance with the procedural requirements of Chapter 361,
   1-18  Health and Safety Code, or other law.
   1-19        Sec. 3.  EFFECT ON LITIGATION.  This article does not apply
   1-20  to any matter that on the effective date of this article:
   1-21              (1)  is involved in litigation if the litigation
   1-22  ultimately results in the matter being held invalid by a final
   1-23  judgment of a court of competent jurisdiction; or
   1-24              (2)  has been held invalid by a final judgment of a
    2-1  court of competent jurisdiction.
    2-2        SECTION 2.  The importance of this legislation and the
    2-3  crowded condition of the calendars in both houses create an
    2-4  emergency and an imperative public necessity that the
    2-5  constitutional rule requiring bills to be read on three several
    2-6  days in each house be suspended, and this rule is hereby suspended,
    2-7  and that this Act take effect and be in force from and after its
    2-8  passage, and it is so enacted.