1-1 By: Lindsay S.B. No. 1390 1-2 (In the Senate - Filed March 13, 1997; March 19, 1997, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 21, 1997, reported favorably by the following vote: Yeas 8, 1-5 Nays 0; April 21, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to siting of landfills. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Subchapter C, Chapter 361, Health and Safety 1-11 Code, is amended by adding Section 361.116 to read as follows: 1-12 Sec. 361.116. CONSIDERATION OF INFRASTRUCTURE AND ROADWAYS. 1-13 (a) The commission shall deny a permit for a landfill if the 1-14 commission finds that: 1-15 (1) the condition of roads leading to the proposed 1-16 landfill site is inadequate for the amount and type of vehicular 1-17 traffic the landfill is likely to attract; or 1-18 (2) another type of infrastructure is inadequate to 1-19 support the proposed landfill. 1-20 (b) In making a determination under this section, the 1-21 commission shall consult the Texas Department of Transportation and 1-22 the commissioners court of the county in which relevant roads or 1-23 other infrastructure is located. 1-24 SECTION 2. The changes in law made by this Act apply only to 1-25 an application for a permit filed on or after the effective date of 1-26 the Act. 1-27 SECTION 3. The importance of this legislation and the 1-28 crowded condition of the calendars in both houses create an 1-29 emergency and an imperative public necessity that the 1-30 constitutional rule requiring bills to be read on three several 1-31 days in each house be suspended, and this rule is hereby suspended, 1-32 and that this Act take effect and be in force from and after its 1-33 passage, and it is so enacted. 1-34 * * * * *