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, Texas Health and Safety Code, is 1-5 amended by adding a new subsection and 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1-15 (b) The commission may not authorize a new solid waste 1-16 management facility at a site for which a permit has been revoked 1-17 if the site is located within one-quarter mile (1,320 feet) of 1-18 recreational facility, park or school property. The commission may 1-19 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 ten years from permit issuance if the site is located within 1-22 one-quarter mile (1,320 feet) of recreational facility, park or 1-23 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 the Texas Solid Waste 2-3 Disposal Act prior to and following the effective date of this Act. 2-4 SECTION 3. The importance of this legislation and the 2-5 crowded condition of the calendars in both houses create an 2-6 emergency and an imperative public necessity that the 2-7 constitutional rule requiring bills to be read on three several 2-8 days in each house be suspended, and this rule is hereby suspended, 2-9 and that this Act take effect and be in force from and after its 2-10 passage, and it is so enacted.