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.