By:  Lindsay                                          S.B. No. 1390

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to siting of landfills.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Subchapter C, Chapter 361, Health and Safety

 1-4     Code, is amended by adding Section 361.116 to read as follows:

 1-5           Sec. 361.116.  CONSIDERATION OF INFRASTRUCTURE AND ROADWAYS.

 1-6     (a)  The commission shall deny a permit for a landfill if the

 1-7     commission finds that:

 1-8                 (1)  the condition of roads leading to the proposed

 1-9     landfill site is inadequate for the amount and type of vehicular

1-10     traffic the landfill is likely to attract; or

1-11                 (2)  another type of infrastructure is inadequate to

1-12     support the proposed landfill.

1-13           (b)  In making a determination under this section, the

1-14     commission shall consult the Texas Department of Transportation and

1-15     the commissioners court of the county in which relevant roads or

1-16     other infrastructure is located.

1-17           SECTION 2.  The changes in law made by this Act apply only to

1-18     an application for a permit filed on or after the effective date of

1-19     the Act.

1-20           SECTION 3.  The importance of this legislation and the

1-21     crowded condition of the calendars in both houses create an

1-22     emergency and an imperative public necessity that the

1-23     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.