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.