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.

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