By Hamric                                       H.B. No. 2648

      75R7684 JJT-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to limitations on the permitting of municipal solid waste

 1-3     landfills.

 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 361.1065 to read as follows:

 1-7           Sec. 361.1065.  LIMITATION ON MUNICIPAL SOLID WASTE LANDFILL

 1-8     PERMIT.  The commission may not issue a permit for a new municipal

 1-9     solid waste landfill or the areal expansion of an existing

1-10     municipal solid waste landfill unless the commission finds:

1-11                 (1)  a substantial and obvious need for additional

1-12     landfill capacity for disposal of municipal solid waste is

1-13     presented; and

1-14                 (2)  the proposed landfill or expansion will contribute

1-15     to fulfilling that need.

1-16           SECTION 2.  The changes in law made by this Act apply only to

1-17     a permit for a municipal solid waste landfill or the areal

1-18     expansion of an existing municipal solid waste landfill the

1-19     application for which is filed on or after the effective date of

1-20     this Act.

1-21           SECTION 3.  The importance of this legislation and the

1-22     crowded condition of the calendars in both houses create an

1-23     emergency and an imperative public necessity that the

1-24     constitutional rule requiring bills to be read on three several

 2-1     days in each house be suspended, and this rule is hereby suspended,

 2-2     and that this Act take effect and be in force from and after its

 2-3     passage, and it is so enacted.