By Lindsay S.B. No. 1393 75R5444 MI-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the prohibition of issuing a permit for a municipal 1-3 solid waste facility within a certain distance of a residence, 1-4 place of worship, school, day-care center, drinking water supply, 1-5 or park. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. Subchapter C, Chapter 361, Health and Safety 1-8 Code, is amended by adding Section 361.1025 to read as follows: 1-9 Sec. 361.1025. PROHIBITION ON PERMIT FOR MUNICIPAL SOLID 1-10 WASTE FACILITY WITHIN CERTAIN DISTANCE OF RESIDENCE, PLACE OF 1-11 WORSHIP, SCHOOL, DAY-CARE CENTER, DRINKING WATER SUPPLY, OR PARK. 1-12 (a) The commission by rule shall prohibit the issuance of a permit 1-13 for a new municipal solid waste facility or the areal expansion of 1-14 an existing municipal solid waste facility if the boundary of the 1-15 landfill is to be located within 1,000 feet of an established 1-16 residence, place of worship, school, day-care center, surface water 1-17 body used for a public drinking water supply, or dedicated public 1-18 park. 1-19 (b) The measurement of distance shall be taken toward an 1-20 established residence, place of worship, school, day-care center, 1-21 surface water body used for a public drinking water supply, or 1-22 dedicated park that is in use when the notice of intent to file a 1-23 permit application is filed with the commission or, if no notice of 1-24 intent is filed, when the permit application is filed with the 2-1 commission. The restrictions imposed by Subsection (a) do not 2-2 apply to a residence, place of worship, school, day-care center, 2-3 surface water body used for a public drinking water supply, or 2-4 dedicated park located inside the boundaries of a solid waste 2-5 management facility or property owned by the permit applicant. 2-6 SECTION 2. This Act takes effect September 1, 1997, and 2-7 applies only to an application for a permit that is filed with the 2-8 Texas Natural Resource Conservation Commission on or after that 2-9 date. 2-10 SECTION 3. The importance of this legislation and the 2-11 crowded condition of the calendars in both houses create an 2-12 emergency and an imperative public necessity that the 2-13 constitutional rule requiring bills to be read on three several 2-14 days in each house be suspended, and this rule is hereby suspended.