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.