By Madla                                               S.B. No. 672
       74R4041 MI-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the recordation in county deed records of certain solid
    1-3  waste activities; imposing a civil penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter C, Chapter 361, Health and Safety
    1-6  Code, is amended by adding Section 361.116 to read as follows:
    1-7        Sec. 361.116.  RECORDATION IN DEED RECORDS OF CERTAIN SOLID
    1-8  WASTE ACTIVITIES REQUIRED.  (a)  An owner of real property who
    1-9  knows or has reason to know that an activity for which a permit is
   1-10  required under this chapter, or an activity that is exempted under
   1-11  Section 361.090 or Section 361.111, has been conducted on the
   1-12  property shall file in the deed records in the county in which the
   1-13  property is located the statement described by Subsection (b).
   1-14        (b)  The statement required by this section must:
   1-15              (1)  identify the specific site on which the activities
   1-16  described by Subsection (a) were conducted;
   1-17              (2)  describe in detail the nature of the activities
   1-18  conducted; and
   1-19              (3)  specifically identify:
   1-20                    (A)  the type of solid waste stored, processed,
   1-21  or disposed of on the site; and
   1-22                    (B)  any by-product produced by the processing of
   1-23  solid waste on the site that is potentially harmful to public
   1-24  health or the environment.
    2-1        (c)  The conveyance of an interest, other than a mineral or
    2-2  security interest, in property described by Subsection (a) by an
    2-3  owner subject to this section who has not first complied with this
    2-4  section is a deceptive act under Section 17.46, Business & Commerce
    2-5  Code.
    2-6        SECTION 2.  (a)  This Act takes effect September 1, 1995.
    2-7        (b)  The change in law made by Section 361.116, Health and
    2-8  Safety Code, as added by this Act, applies only to a conveyance of
    2-9  real property as described by that section that occurs on or after
   2-10  September 1, 1995.
   2-11        SECTION 3.  The importance of this legislation and the
   2-12  crowded condition of the calendars in both houses create an
   2-13  emergency and an imperative public necessity that the
   2-14  constitutional rule requiring bills to be read on three several
   2-15  days in each house be suspended, and this rule is hereby suspended.