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.