1-1     By:  Truan, Zaffirini                                 S.B. No. 1051

 1-2           (In the Senate - Filed March 7, 1997; March 12, 1997, read

 1-3     first time and referred to Committee on Natural Resources;

 1-4     April 4, 1997, reported favorably by the following vote:  Yeas 10,

 1-5     Nays 0; April 4, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the validation of acts, proceedings, orders, and

 1-9     ordinances of certain counties regarding nonhazardous solid waste

1-10     disposal.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Title 28, Revised Statutes, is amended by adding

1-13     Article 974d-45 to read as follows:

1-14           Art. 974d-45.  VALIDATION OF COUNTY ACTS AND PROCEEDINGS

1-15     REGARDING NONHAZARDOUS SOLID WASTE DISPOSAL

1-16           Sec. 1.  APPLICATION.This article applies only to a county

1-17     with a population of 1,000 or less.

1-18           Sec. 2.  MATTERS VALIDATED.  The governmental acts,

1-19     proceedings, orders, and ordinances of a county that occurred

1-20     before January 1, 1997, relating to the prohibition of the disposal

1-21     of nonhazardous solid waste, the siting or operation of a

1-22     nonhazardous solid waste disposal facility, or the disposal of

1-23     nonhazardous solid waste are validated on the dates they occurred.

1-24     The acts, proceedings, orders, and ordinances may not be held

1-25     invalid because they were not performed in accordance with the

1-26     procedural requirements of Chapter 361, Health and Safety Code, or

1-27     other law.

1-28           Sec. 3.  EFFECT ON LITIGATION.  This article does not apply

1-29     to any matter that on the effective date of this article:

1-30                 (1)  is involved in litigation if the litigation

1-31     ultimately results in the matter being held invalid by a final

1-32     judgment of a court of competent jurisdiction; or

1-33                 (2)  has been held invalid by a final judgment of a

1-34     court of competent jurisdiction.

1-35           SECTION 2.  The importance of this legislation and the

1-36     crowded condition of the calendars in both houses create an

1-37     emergency and an imperative public necessity that the

1-38     constitutional rule requiring bills to be read on three several

1-39     days in each house be suspended, and this rule is hereby suspended,

1-40     and that this Act take effect and be in force from and after its

1-41     passage, and it is so enacted.

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