By Tillery                                      H.B. No. 1936

      75R7956 MI-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to notice to certain local governments by an applicant for

 1-3     a solid or hazardous waste disposal permit.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter C, Chapter 361, Health and Safety

 1-6     Code, is amended by adding Section 361.0642 to read as follows:

 1-7           Sec. 361.0642.  NOTICE TO LOCAL GOVERNMENTS.  (a)  A person

 1-8     who files with the commission an application for, or notice of

 1-9     intent to file, a permit to construct, operate, or maintain a

1-10     facility to store, process, or dispose of solid waste or hazardous

1-11     waste shall send notice of the application or of the notice of

1-12     intent to the county judge of a county or the governing body of a

1-13     municipality if the perimeter of the facility for which the permit

1-14     is sought is or will be not farther than 1,000 feet outside the

1-15     boundaries of the county or the corporate limits of the

1-16     municipality.

1-17           (b)  The notice must be sent at the same time the application

1-18     or notice of intent to file the application is submitted to the

1-19     commission.

1-20           (c)  The notice must:

1-21                 (1)  describe the location or proposed location of the

1-22     facility;

1-23                 (2)  describe the activities to be conducted at the

1-24     facility;

 2-1                 (3)  state that a person, including a county or

 2-2     municipality, who may be affected by the facility or proposed

 2-3     facility is entitled to request a hearing from the commission;

 2-4                 (4)  describe the manner in which the commission may be

 2-5     contacted for further information; and

 2-6                 (5)  include any other information the commission by

 2-7     rule requires.

 2-8           (d)  The notice required by this section is in addition to

 2-9     other notice required by law.

2-10           SECTION 2.  This Act takes effect September 1, 1997, and

2-11     applies to a person who on or after September 1, 1997, submits to

2-12     the Texas Natural Resource Conservation Commission an application

2-13     for a permit or a notice of intent to file an application for a

2-14     permit issued under Chapter 361, Health and Safety Code.

2-15           SECTION 3.  The importance of this legislation and the

2-16     crowded condition of the calendars in both houses create an

2-17     emergency and an imperative public necessity that the

2-18     constitutional rule requiring bills to be read on three several

2-19     days in each house be suspended, and this rule is hereby suspended.