SRC-PNG S.B. 1447 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1447
76R7554 SMJ-DBy: Barrientos
Natural Resources
4/1/1999
As Filed


DIGEST 

Currently, under Texas law, Councils of Government (COG) were required to
conduct inventories of the location of landfills within their jurisdiction,
located prior to state licensure of landfills, and to record the location
on deed records with the county clerk.  However, an exact survey of the
landfill boundaries is often impossible because the landfills have been
closed for may years, and the land over the landfills had been subdivided,
subjecting the COG to liability for incorrectly identifying property as
being located over a landfill.  This bill would require that notice to a
landowner and a deed record identifying a former landfill are required only
when the boundaries of a landfill are known, and maps be provided
approximating the location of former landfills to county clerks, as well as
municipal and county planning officials. 

PURPOSE

As proposed, S.B. 1447 requires that notice to a landowner and a deed
record identifying a former landfill is required only when the boundaries
of a landfill are known, and that maps be provided approximating the
location of former landfills to county clerks, and municipal and county
planning officials. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 363.064, Health and Safety Code, to require a
regional or local solid waste management plan to include an inventory of
municipal solid waste landfill units, including landfill units no longer in
operation, with the exact boundaries of each former landfill unit or, if
the exact boundaries are not known, the best approximation of each unit's
boundaries, and a map showing the approximate boundaries of each former
landfill unit, if the exact boundaries are not known.  Requires the
councils of governments (COG) for the area in which the former landfill
unit is located to notify the owner of land that overlays the former
landfill unit  of the former use of the land, if the exact boundaries of a
municipal solid waste unit that is no longer operating are known. Provides
that the notice requirements of this subsection do not apply if the exact
boundaries of a former landfill unit are not known.  Requires the county
clerk to record on the deed records of land formerly used as a municipal
solid waste landfill a description of the exact boundaries of the former
landfill unit or, if the exact boundaries are not known, the best
approximation of each unit's boundaries.  Requires the county clerk to make
the records available for public inspection.  Requires each council of
government to provide a copy of the inventory of municipal solid waste
landfill units to the Texas Natural Resource Conservation Commission
(TNRCC) and to the chief planning official of each municipality and county
in which a unit is located.  Requires TNRCC and certain officials to make
the inventory available for public inspection.  Makes conforming and
nonsubstantive changes.   

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.