SRC-TNM S.B. 1390 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1390
By: Lindsay
Natural Resources
4-16-97
As Filed


DIGEST 

Currently, the Texas Natural Resource Conservation Commission (commission)
is not required to deny a landfill if the commission finds that the added
heavy truck traffic is damaging to aging roadways and has become a
financial burden to counties and municipalities.  S.B. 1390 would allow
the commission to consider the state of the infrastructure surrounding a
newly proposed landfill during the application process. 

PURPOSE

As proposed, S.B. 1390 outlines provisions regarding siting of landfills.

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 Chapter 361C, Health and Safety Code, by adding Section
361.116, as follows: 

Sec. 361.116. CONSIDERATION OF INFRASTRUCTURE AND ROADWAYS.  Requires the
Texas Natural Resource Conservation Commission (commission) to deny a
landfill if the commission finds that the condition of roads leading to
the proposed landfill site is inadequate for the amount and type of
vehicular traffic the landfill is likely to attract or another type of
infrastructure is inadequate to support the proposed landfill.  Requires
the commission to consult the Texas Department of Transportation and the
commissioners court of the county in which relevant roads or other
infrastructure is located. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Emergency clause.
  Effective date: upon passage.