1-1 By: Henderson S.B. No. 1611 1-2 (In the Senate - Filed March 22, 1995; March 23, 1995, read 1-3 first time and referred to Committee on Natural Resources; 1-4 May 3, 1995, reported favorably by the following vote: Yeas 6, 1-5 Nays 1; May 3, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the unsuitability of certain solid waste facility 1-9 sites. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Section 361.104, Health and Safety Code, is 1-12 amended to read as follows: 1-13 Sec. 361.104. PROHIBITION ON PERMIT FOR FACILITY IN 1-14 UNSUITABLE AREA. (a) The commission by rule shall prohibit the 1-15 issuance of a permit for a new hazardous waste management facility 1-16 or an areal expansion of an existing hazardous waste management 1-17 facility if the facility is to be located in an area determined to 1-18 be unsuitable under rules adopted by the commission under Section 1-19 361.103 unless the design, construction, and operational features 1-20 of the facility will prevent adverse effects from unsuitable site 1-21 characteristics. 1-22 (b) The commission may not authorize a new solid waste 1-23 management facility at a site for which a permit has been revoked 1-24 if the site is located within one-quarter mile (1,320 feet) of a 1-25 recreational facility, a park, or school property. The commission 1-26 may not authorize an areal or capacity expansion of a solid waste 1-27 management facility which has not been constructed and operated 1-28 within 10 years from permit issuance if the site is located within 1-29 one-quarter mile (1,320 feet) of a recreational facility, a park, 1-30 or school property. 1-31 SECTION 2. The changes in law made by this Act shall apply 1-32 to facilities and sites permitted pursuant to Chapter 361, Health 1-33 and Safety Code (Solid Waste Disposal Act) prior to and following 1-34 the effective date of this Act. 1-35 SECTION 3. 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. 1-42 * * * * *