1-1  By:  Truan                                             S.B. No. 432
    1-2        (In the Senate - Filed February 2, 1995; February 6, 1995,
    1-3  read first time and referred to Committee on Natural Resources;
    1-4  February 22, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 8, Nays 0;
    1-6  February 22, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 432                    By:  Truan
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the validation of acts and proceedings of certain
   1-11  counties regarding nonhazardous solid waste disposal.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Title 28, Revised Statutes, is amended by adding
   1-14  Article 974d-44 to read as follows:
   1-15        Art. 974d-44.  VALIDATION OF COUNTY ACTS AND PROCEEDINGS
   1-16  REGARDING NONHAZARDOUS SOLID WASTE DISPOSAL
   1-17        Sec. 1.  APPLICATION.  This article applies only to a county
   1-18  with a population of 1,000 or less.
   1-19        Sec. 2.  PROCEEDINGS VALIDATED.  The governmental acts and
   1-20  proceedings of a county that occurred before January 1, 1995,
   1-21  relating to the prohibition of the disposal of nonhazardous solid
   1-22  waste, the siting or operation of a nonhazardous solid waste
   1-23  disposal facility, or the disposal of nonhazardous solid waste are
   1-24  validated on the dates they occurred.  The proceedings, orders, and
   1-25  ordinances may not be held invalid because they were not performed
   1-26  in accordance with the procedural requirements of Chapter 361,
   1-27  Health and Safety Code, or other law.
   1-28        Sec. 3.  EFFECT ON LITIGATION.  This article does not apply
   1-29  to any matter that on the effective date of this article:
   1-30              (1)  is involved in litigation if the litigation
   1-31  ultimately results in the matter being held invalid by a final
   1-32  judgment of a court of competent jurisdiction; or
   1-33              (2)  has been held invalid by a final judgment of a
   1-34  court of competent jurisdiction.
   1-35        SECTION 2.  The importance of this legislation and the
   1-36  crowded condition of the calendars in both houses create an
   1-37  emergency and an imperative public necessity that the
   1-38  constitutional rule requiring bills to be read on three several
   1-39  days in each house be suspended, and this rule is hereby suspended,
   1-40  and that this Act take effect and be in force from and after its
   1-41  passage, and it is so enacted.
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