By:  Henderson                                        S.B. No. 1611
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the unsuitability of certain solid waste facility
    1-2  sites.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 361.104, Health and Safety Code, is
    1-5  amended to read as follows:
    1-6        Sec. 361.104.  PROHIBITION ON PERMIT FOR FACILITY IN
    1-7  UNSUITABLE AREA.  (a)  The commission by rule shall prohibit the
    1-8  issuance of a permit for a new hazardous waste management facility
    1-9  or an areal expansion of an existing hazardous waste management
   1-10  facility if the facility is to be located in an area determined to
   1-11  be unsuitable under rules adopted by the commission under Section
   1-12  361.103 unless the design, construction, and operational features
   1-13  of the facility will prevent adverse effects from unsuitable site
   1-14  characteristics.
   1-15        (b)  The commission may not authorize a new solid waste
   1-16  management facility at a site for which a permit has been revoked
   1-17  if the site is located within one-quarter mile (1,320 feet) of a
   1-18  recreational facility, a park, or school property.  The commission
   1-19  may not authorize an areal or capacity expansion of a solid waste
   1-20  management facility which has not been constructed and operated
   1-21  within 10 years from permit issuance if the site is located within
   1-22  one-quarter mile (1,320 feet) of a recreational facility, a park,
   1-23  or school property.
    2-1        SECTION 2.  The changes in law made by this Act shall apply
    2-2  to facilities and sites permitted pursuant to Chapter 361, Health
    2-3  and Safety Code (Solid Waste Disposal Act) prior to and following
    2-4  the effective date of this Act.
    2-5        SECTION 3.  The importance of this legislation and the
    2-6  crowded condition of the calendars in both houses create an
    2-7  emergency and an imperative public necessity that the
    2-8  constitutional rule requiring bills to be read on three several
    2-9  days in each house be suspended, and this rule is hereby suspended,
   2-10  and that this Act take effect and be in force from and after its
   2-11  passage, and it is so enacted.