By Lindsay                                      S.B. No. 1390

      75R9202 JJT-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to siting of landfills.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter C, Chapter 361, Health and Safety

 1-5     Code, is amended by adding Section 361.116  to read as follows:

 1-6           Sec. 361.116.  CONSIDERATION OF INFRASTRUCTURE AND ROADWAYS.

 1-7     (a)  The commission shall deny a permit for a landfill if the

 1-8     commission finds that:

 1-9                 (1)  the condition of roads leading to the proposed

1-10     landfill site is inadequate for the amount and type of vehicular

1-11     traffic the landfill is likely to attract; or

1-12                 (2)  another type of infrastructure is inadequate to

1-13     support the proposed landfill.

1-14           (b)  In making a determination under this section, the

1-15     commission shall consult the Texas Department of Transportation

1-16     and the commissioners court of the county in which relevant roads

1-17     or other infrastructure is located.

1-18           SECTION 2.  The changes in law made by this Act apply only to

1-19     an application for a permit filed on or after the effective date of

1-20     the Act.

1-21           SECTION 3.  The importance of this legislation and the

1-22     crowded condition of the calendars in both houses create an

1-23     emergency and an imperative public necessity that the

1-24     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.