By Lindsay                                       S.B. No. 830

      75R4952 MI-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to prohibiting the issuance of a permit for a municipal

 1-3     solid waste landfill within one mile of a residential area, school,

 1-4     or airport.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subchapter C, Chapter 361, Health and Safety

 1-7     Code, is amended by adding Section 361.116 to read as follows:

 1-8           Sec. 361.116.  PROHIBITION ON PERMIT FOR MUNICIPAL SOLID

 1-9     WASTE LANDFILL WITHIN CERTAIN DISTANCE OF RESIDENTIAL AREA, SCHOOL,

1-10     OR AIRPORT.   The commission by rule shall prohibit the issuance of

1-11     a permit for a new municipal solid waste landfill that is located

1-12     within one mile of a residential area, a school, or an airport.

1-13     The commission by rule shall define "residential area" for purposes

1-14     of this section.

1-15           SECTION 2.  This Act takes effect September 1, 1997, and

1-16     applies only to an application for a permit that is filed with the

1-17     Texas Natural Resource Conservation Commission on or after that

1-18     date.

1-19           SECTION 3.  The importance of this legislation and the

1-20     crowded condition of the calendars in both houses create an

1-21     emergency and an imperative public necessity that the

1-22     constitutional rule requiring bills to be read on three several

1-23     days in each house be suspended, and this rule is hereby suspended.