By Raymond                                      H.B. No. 1098

      75R4277 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the validation of acts, proceedings, orders, and

 1-3     ordinances of certain counties regarding nonhazardous solid waste

 1-4     disposal.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Title 28, Revised Statutes, is amended by adding

 1-7     Article 974d-45 to read as follows:

 1-8           Art. 974d-45.  VALIDATION OF COUNTY ACTS AND PROCEEDINGS

 1-9     REGARDING NONHAZARDOUS SOLID WASTE DISPOSAL

1-10           Sec. 1.  APPLICATION.  This article applies only to a county

1-11     with a population of 1,000 or less.

1-12           Sec. 2.  MATTERS VALIDATED.  The governmental acts,

1-13     proceedings, orders, and ordinances of a county that occurred

1-14     before January 1, 1997, relating to the prohibition of the disposal

1-15     of nonhazardous solid waste, the siting or operation of a

1-16     nonhazardous solid waste disposal facility, or the disposal of

1-17     nonhazardous solid waste are validated on the dates they occurred.

1-18     The acts, proceedings, orders, and ordinances may not be held

1-19     invalid because they were not performed in accordance with the

1-20     procedural requirements of Chapter 361, Health and Safety Code, or

1-21     other law.

1-22           Sec. 3.  EFFECT ON LITIGATION.  This article does not apply

1-23     to any matter that on the effective date of this article:

1-24                 (1)  is involved in litigation if the litigation

 2-1     ultimately results in the matter being held invalid by a final

 2-2     judgment of a court of competent jurisdiction; or

 2-3                 (2)  has been held invalid by a final judgment of a

 2-4     court of competent jurisdiction.

 2-5           SECTION 2.  The importance of this legislation and the

 2-6     crowded condition of the calendars in both houses create an

 2-7     emergency and an imperative public necessity that the

 2-8     constitutional rule requiring bills to be read on three several

 2-9     days in each house be suspended, and this rule is hereby suspended,

2-10     and that this Act take effect and be in force from and after its

2-11     passage, and it is so enacted.