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   1-23  management facility at a site for which a permit has been revoked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.
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