HBA-KMH H.B. 1727 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1727
By: Zbranek
Environmental Regulation
           4/11/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there is conflicting language in the Health and Safety Code with
respect to which governmental entity has authority over siting of solid
waste facilities.  For example, Section 361.162(a) provides that counties
cannot designate suitable landfill areas within a municipality's
extraterritorial jurisdiction (ETJ).  However, Section 363.112 allows both
the city and the county to prohibit processing or disposal of solid waste
in certain areas but makes no reference to ETJ. 

This issue was addressed by the Senate Interim Committee on Natural
Resources which acknowledged that "[w]hen all of the statutes dealing with
the ability of local governments to enact ordinances to designate landfill
and non-landfill areas are taken collectively, it is unclear as to whether
counties or municipalities are ultimately responsible for the territory in
the municipality's ETJ."   The committee report conceded that
"clarification is needed concerning whether counties or municipalities may
prohibit the location of landfill sites within a municipality's ETJ." 

H.B. 1727 clarifies that the county is the local governmental entity with
landfill siting authority in a municipality's ETJ. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 361.152, Health and Safety Code, to make
nonsubstantive changes. 

SECTION 2.  Amends Section 361.154(a), Health and Safety Code, by limiting
the authorization given to a county to require and issue licenses under
this section to facilities outside the territorial limits of a
municipality. 

SECTION 3.  Amends Section 361.162(a), Health and Safety Code, by limiting
the authorization given to a county to designate land areas only outside
the territorial limits of a municipality as suitable for use as solid waste
facilities. 

SECTION 4.  Amends Section 361.165, Health and Safety Code, by adding
Subsection (e), as follows: 

(e) Provides that this section does not permit a municipality to restrict
the siting of a solid waste disposal facility in the municipality's
extraterritorial jurisdiction, notwithstanding Subsection (b).  (Subsection
(b) provides that the governing body of the political subdivision may, by
resolution, assume for the political subdivision the exclusive authority to
exercise, in the area subject to its jurisdiction, the powers granted by
this chapter to a county, to the exclusion of the exercise of the same
powers by the counties otherwise having jurisdiction over the area.)
Subjects this section to the provisions of Section 361.166, Health and
Safety Code. 

SECTION 5.  Amends Section 361.166, Health and Safety Code, to prohibit a
municipality from  abolishing, restricting the use or operation of, or
prohibiting the location of a solid waste facility in its extraterritorial
jurisdiction unless the governing body of the county in which the facility
is located by resolution consents to the municipality's action.  Makes
conforming and nonsubstantive changes. 

SECTION 6.  Amends Section 364.011(a), Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 7.  Amends Sections 364.012(a) and (b), Health and Safety Code, as
follows: 

(a) Authorizes a county to act under this section only by order or
ordinance.  Makes conforming and nonsubstantive changes. 

(b) Provides that this subsection does not supercede Section 363.063 (Local
Solid Waste Management Plan).  Makes conforming and nonsubstantive changes.

SECTION 8.  Emergency clause.
  Effective date: upon passage.