By Hamric                                       H.B. No. 1304

      75R5444 MI-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the prohibition of issuing a permit for a municipal

 1-3     solid waste facility within a certain distance of a residence,

 1-4     place of worship, school, day-care center, drinking water supply,

 1-5     or park.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Subchapter C, Chapter 361, Health and Safety

 1-8     Code, is amended by adding Section 361.1025 to read as follows:

 1-9           Sec. 361.1025.  PROHIBITION ON PERMIT FOR MUNICIPAL SOLID

1-10     WASTE FACILITY WITHIN CERTAIN DISTANCE OF RESIDENCE, PLACE OF

1-11     WORSHIP, SCHOOL, DAY-CARE CENTER, DRINKING WATER SUPPLY, OR PARK.

1-12     (a)  The commission by rule shall prohibit the issuance of a permit

1-13     for a new municipal solid waste facility or the areal expansion of

1-14     an existing municipal solid waste facility if the boundary of the

1-15     landfill is to be located within 1,000 feet of an established

1-16     residence, place of worship, school, day-care center, surface water

1-17     body used for a public drinking water supply, or dedicated public

1-18     park.

1-19           (b)  The measurement of distance shall be taken toward an

1-20     established residence, place of worship, school, day-care center,

1-21     surface water body used for a public drinking water supply, or

1-22     dedicated park that is in use when the notice of intent to file a

1-23     permit application is filed with the commission or, if no notice of

1-24     intent is filed, when the permit application is filed with the

 2-1     commission.  The restrictions imposed by Subsection (a) do not

 2-2     apply to a residence, place of worship, school, day-care center,

 2-3     surface water body used for a public drinking water supply, or

 2-4     dedicated park located inside the boundaries of a solid waste

 2-5     management facility or property owned by the permit applicant.

 2-6           SECTION 2.  This Act takes effect September 1, 1997, and

 2-7     applies only to an application for a permit that is filed with the

 2-8     Texas Natural Resource Conservation Commission on or after that

 2-9     date.

2-10           SECTION 3.  The importance of this legislation and the

2-11     crowded condition of the calendars in both houses create an

2-12     emergency and an imperative public necessity that the

2-13     constitutional rule requiring bills to be read on three several

2-14     days in each house be suspended, and this rule is hereby suspended.