1-1     By:  Lindsay                                          S.B. No. 1393

 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, as amended, by the following

 1-5     vote:  Yeas 6, Nays 0; April 21, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                              By:  Lindsay

 1-7     Amend S.B. No. 1393 by inserting the following after park on line

 1-8     1, page 29:

 1-9           ", unless a site-specific, risk-based evaluation indicates

1-10     otherwise"

1-11                            A BILL TO BE ENTITLED

1-12                                   AN ACT

1-13     relating to the prohibition of issuing a permit for a municipal

1-14     solid waste facility within a certain distance of a residence,

1-15     place of worship, school, day-care center, drinking water supply,

1-16     or park.

1-17           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-18           SECTION 1.  Subchapter C, Chapter 361, Health and Safety

1-19     Code, is amended by adding Section 361.1025 to read as follows:

1-20           Sec. 361.1025.  PROHIBITION ON PERMIT FOR MUNICIPAL SOLID

1-21     WASTE FACILITY WITHIN CERTAIN DISTANCE OF RESIDENCE, PLACE OF

1-22     WORSHIP, SCHOOL, DAY-CARE CENTER, DRINKING WATER SUPPLY, OR PARK.

1-23     (a)  The commission by rule shall prohibit the issuance of a permit

1-24     for a new municipal solid waste facility or the areal expansion of

1-25     an existing municipal solid waste facility if the boundary of the

1-26     landfill is to be located within 1,000 feet of an established

1-27     residence, place of worship, school, day-care center, surface water

1-28     body used for a public drinking water supply, or dedicated public

1-29     park.

1-30           (b)  The measurement of distance shall be taken toward an

1-31     established residence, place of worship, school, day-care center,

1-32     surface water body used for a public drinking water supply, or

1-33     dedicated park that is in use when the notice of intent to file a

1-34     permit application is filed with the commission or, if no notice of

1-35     intent is filed, when the permit application is filed with the

1-36     commission.  The restrictions imposed by Subsection (a) do not

1-37     apply to a residence, place of worship, school, day-care center,

1-38     surface water body used for a public drinking water supply, or

1-39     dedicated park located inside the boundaries of a solid waste

1-40     management facility or property owned by the permit applicant.

1-41           SECTION 2.  This Act takes effect September 1, 1997, and

1-42     applies only to an application for a permit that is filed with the

1-43     Texas Natural Resource Conservation Commission on or after that

1-44     date.

1-45           SECTION 3.  The importance of this legislation and the

1-46     crowded condition of the calendars in both houses create an

1-47     emergency and an imperative public necessity that the

1-48     constitutional rule requiring bills to be read on three several

1-49     days in each house be suspended, and this rule is hereby suspended.

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