By Hamric H.B. No. 3070
75R7683 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a determination of land use compatibility before a
1-3 permit for a solid waste facility is issued.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 361.069, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 361.069. DETERMINATION OF LAND USE COMPATIBILITY. (a)
1-8 The commission [in its discretion may], in processing a permit
1-9 application, shall determine separately from other matters
1-10 concerning the application whether the facility is compatible with
1-11 local land uses that, on the date notice of intent to obtain the
1-12 permit was published under Section 361.0665 or on the date the
1-13 application was filed if the notice was not required:
1-14 (1) were in existence; or
1-15 (2) had been proposed in a land use plan.
1-16 (b) If the commission determines that [make a separate
1-17 determination on the question of land use compatibility, and, if]
1-18 the site location is acceptable, the commission may at another time
1-19 consider other technical matters concerning the application.
1-20 (c) A public hearing may be held for each determination in
1-21 accordance with Section 361.088.
1-22 (d) In making a determination on the question of land use
1-23 compatibility, the commission may [shall] not consider the position
1-24 of a state or federal agency unless the position is fully supported
2-1 by credible evidence from that agency during the public hearing.
2-2 (e) The commission shall adopt rules to implement this
2-3 section.
2-4 SECTION 2. The change in law made by this Act applies only
2-5 to a permit application filed or notice of which is published on or
2-6 after the effective date of this Act. A permit application filed
2-7 or notice of which is published before the effective date of this
2-8 Act is governed by the law as it existed immediately before the
2-9 effective date of this Act, and that law is continued in effect for
2-10 that purpose.
2-11 SECTION 3. This Act takes effect September 1, 1997.
2-12 SECTION 4. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended.