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.