By Solomons H.B. No. 1213
75R3520 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to solid waste landfill permits.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter C, Chapter 361, Health and Safety
1-5 Code, is amended by adding Section 361.0815 to read as follows:
1-6 Sec. 361.0815. PERSONS AFFECTED BY SOLID WASTE LANDFILL.
1-7 Notwithstanding any other law, the commission shall consider as a
1-8 party affected by an application for a solid waste landfill permit
1-9 or a permit for an expansion of a permitted solid waste landfill a
1-10 person who:
1-11 (1) resides two miles or less from the outer perimeter
1-12 of the landfill facility or proposed landfill facility; or
1-13 (2) owns or operates a place of worship, school,
1-14 hospital facility, nursing facility, or child care facility
1-15 located two miles or less from the outer perimeter of the landfill
1-16 facility or proposed landfill facility.
1-17 SECTION 2. This Act takes effect September 1, 1997, and
1-18 applies only to a proceeding of the Texas Natural Resource
1-19 Conservation Commission that relates to an application for a solid
1-20 waste landfill permit or to a permit for a solid waste landfill to
1-21 be expanded that is filed on or after that date. The affected
1-22 party status of any person in relation to a proceeding of the
1-23 Texas Natural Resource Conservation Commission that relates to an
1-24 application filed before the effective date of this Act is
2-1 governed by the law in effect at the time the application was
2-2 filed, and that law is continued in effect for that purpose.
2-3 SECTION 3. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.