ACG H.B. 1098 75(R)BILL ANALYSIS ENVIRONMENTAL REGULATION H.B. 1098 By: Raymond 4-8-97 Committee Report (Unamended) BACKGROUND Chapter 36, Health and Safety Code, Section 364.012 allows a county to prohibit the disposal of solid waste in a county if the disposal is a threat to the public health, safety, and welfare. To accomplish this, the commissioners court must adopt an ordinance specifically designating the area of a county in which solid waste is not prohibited. PURPOSE HB 1098 validates governmental acts that occurred before January 1, 1997 relating to solid waste disposal management in counties with a population of 1,000 or less, regardless of any mistakes made by the county in adopting a resolution establishing areas for solid waste disposal. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Title 28, Revised Statutes by adding Article 974d-45 as follows: Art. 974d-45, Section 1 Stipulates that this article applies only to a county with a population of 1,000 or less. Art. 974d-45, Section 2 Validates governmental actions relating to nonhazardous waste that occurred before January 1, 1997. The actions may not be held invalid because they were not performed in accordance with procedural requirements of Chapter 361, Health and Safety, or other law. Art. 974d-45, Section 3 This article is not applicable to any matter that on the effective date is involved in related litigation or has been held invalid by a final judgment. SECTION 2. Emergency clause.