SRC-SLL S.B. 1051 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1051
By: Truan
Natural Resources
3-31-97
As Filed


DIGEST 

Currently, Section 361.162, Health and Safety Code, authorizes counties to
delineate the areas of the county, outside of the boundaries or
extraterritorial jurisdictions of cities, where solid waste disposal
facilities may be located.  This bill provides regulations regarding the
validation of acts, proceedings, orders, and ordinances of certain
counties regarding nonhazardous solid waste disposal.  

PURPOSE

As proposed, S.B. 1051 provides regulations regarding the validation of
acts, proceedings, orders, and ordinances of certain counties regarding
nonhazardous solid waste disposal. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 28, V.T.C.S., by adding Article 974d-45, as
follows: 

Art.  974d-45.  VALIDATION OF COUNTY ACTS AND PROCEEDINGS REGARDING
NONHAZARDOUS SOLID WASTE DISPOSAL 

Sec.  1.  APPLICATION.  Provides that this article applies only to a
county with a population of 1,000 or less. 

Sec.  2.  MATTERS VALIDATED.  Provides that the governmental acts,
proceedings, orders, and ordinances of a county that occurred before
January 1, 1997, regarding nonhazardous solid waste are validated on the
dates they occurred.  Prohibits the acts, proceedings, orders, and
ordinances from being held invalid because they were not performed in
accordance with the procedural requirements of Chapter 361, Health and
Safety Code, or other law. 

Sec.  3.  EFFECT ON LITIGATION.  Provides that this article does not apply
to any matter than on the effective date of this article is involved in
litigation if the litigation ultimately results in the matter being held
invalid by a final judgment of a court of competent jurisdiction or has
been held invalid by a final judgment of a court of competent
jurisdiction. 

SECTION 2. Emergency clause.
  Effective date: upon passage.