1-1  By:  Henderson                                        S.B. No. 1612
    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 review of certain permitted solid waste facilities.
    1-9        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-10        SECTION 1.  Subchapter C, Chapter 361, Health and Safety
   1-11  Code, is amended by adding Section 361.0891 to read as follows:
   1-12        Sec. 361.0891.  REVIEW OF CERTAIN PERMITTED FACILITIES.
   1-13  (a)  Any permit issued without a specified duration for a
   1-14  commercial Type V municipal solid waste facility for which
   1-15  construction and operation has not commenced within 10 years from
   1-16  permit issuance and which has been transferred from the original
   1-17  permittee to another person shall be suspended pending a commission
   1-18  determination of land use compatibility and the need for the
   1-19  additional municipal solid waste management capacity.
   1-20        (b)  If the commission finds that operation of the municipal
   1-21  solid waste facility as originally permitted is incompatible with
   1-22  existing or proposed land use in the local area, that there is no
   1-23  need for the additional municipal solid waste management capacity,
   1-24  or that there is other good cause for revocation, the permit shall
   1-25  be revoked.  The site of the facility for which a permit has been
   1-26  revoked may be used for the management of municipal solid waste
   1-27  only if a permit for a new municipal solid waste facility is
   1-28  obtained from the commission following notice and opportunity for
   1-29  hearing.
   1-30        (c)  If the commission finds that operation of the facility
   1-31  as originally permitted is compatible with existing or proposed
   1-32  land use in the local area and that there is a need for the
   1-33  additional capacity, any areal or capacity expansion of the
   1-34  facility must be authorized by permit amendment following notice
   1-35  and opportunity for hearing.
   1-36        (d)  Any determination of land use compatibility and need for
   1-37  the facility shall be subject to the public meeting, notice, and
   1-38  hearing requirements of Sections 361.0791(b) and 361.081.  The
   1-39  commission may consider any other grounds for permit revocation at
   1-40  a hearing under this section.
   1-41        SECTION 2.  The changes in law made by this Act shall apply
   1-42  to facilities and sites permitted pursuant to the Chapter 361,
   1-43  Health and Safety Code (Solid Waste Disposal Act) prior to and
   1-44  following the effective date of this Act.
   1-45        SECTION 3.  The importance of this legislation and the
   1-46  crowded condition of the calendars in both houses create an
   1-47  emergency and an imperative public necessity that the
   1-48  constitutional rule requiring bills to be read on three several
   1-49  days in each house be suspended, and this rule is hereby suspended,
   1-50  and that this Act take effect and be in force from and after its
   1-51  passage, and it is so enacted.
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