By Zbranek H.B. No. 1727
76R3048 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a county's jurisdiction over solid waste disposal.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 361.152, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 361.152. LIMITATION ON COUNTY POWERS CONCERNING
1-7 INDUSTRIAL SOLID WASTE. The powers specified by Sections
1-8 361.154-361.162 and Sections 364.011 and 364.012 [(County Solid
1-9 Waste Control Act)] may not be exercised by a county with respect
1-10 to [the] industrial solid waste disposal practices conducted in
1-11 accordance with [and areas to which] Section 361.090 [applies].
1-12 SECTION 2. Section 361.154(a), Health and Safety Code, is
1-13 amended to read as follows:
1-14 (a) Except as provided by Sections 361.151 and 361.152, a
1-15 county may require and issue licenses authorizing and governing the
1-16 operation and maintenance of facilities used to process, store, or
1-17 dispose of solid waste, other than hazardous waste, in an area not
1-18 in the territorial limits [or extraterritorial jurisdiction] of a
1-19 municipality.
1-20 SECTION 3. Section 361.162(a), Health and Safety Code, is
1-21 amended to read as follows:
1-22 (a) Subject to the limitation under Sections 361.151 and
1-23 361.152, a county may designate land areas not in the territorial
1-24 limits [or extraterritorial jurisdiction] of a municipality as
2-1 suitable for use as solid waste facilities.
2-2 SECTION 4. Section 361.165, Health and Safety Code, is
2-3 amended by adding Subsection (e) to read as follows:
2-4 (e) Notwithstanding Subsection (b), this section does not
2-5 permit a municipality to restrict the siting of a solid waste
2-6 disposal facility in the municipality's extraterritorial
2-7 jurisdiction except as provided by Section 361.166.
2-8 SECTION 5. Section 361.166, Health and Safety Code, is
2-9 amended to read as follows:
2-10 Sec. 361.166. MUNICIPAL RESTRICTIONS. A municipality may
2-11 not:
2-12 (1) abolish or restrict the use or operation of a
2-13 solid waste facility in its limits [or extraterritorial
2-14 jurisdiction] if the solid waste facility:
2-15 (A) [(1)] was in existence when the municipality
2-16 was incorporated or was in existence when the municipality annexed
2-17 the area in which it is located; and
2-18 (B) [(2)] is operated in substantial compliance
2-19 with applicable state and county regulations; or
2-20 (2) abolish, restrict the use or operation of, or
2-21 prohibit the location of a solid waste facility in its
2-22 extraterritorial jurisdiction unless the governing body of the
2-23 county in which the facility is located by resolution consents to
2-24 the municipality's action.
2-25 SECTION 6. Section 364.011(a), Health and Safety Code, is
2-26 amended to read as follows:
2-27 (a) Subject to the limitation provided by Sections 361.151
3-1 and 361.152 [(Solid Waste Disposal Act)], a commissioners court by
3-2 rule may regulate solid waste collection, handling, storage, and
3-3 disposal in any area [areas] of the county [not in a municipality
3-4 or the extraterritorial jurisdiction of a municipality].
3-5 SECTION 7. Sections 364.012(a) and (b), Health and Safety
3-6 Code, are amended to read as follows:
3-7 (a) The county by order or ordinance may prohibit the
3-8 disposal of solid waste in any area of the county if the disposal
3-9 of the solid waste is a threat to the public health, safety, and
3-10 welfare.
3-11 (b) To prohibit the disposal of solid waste in a county, the
3-12 commissioners court must adopt an ordinance in the general form
3-13 prescribed for municipal ordinances specifically designating the
3-14 area of the county in which solid waste disposal is not prohibited.
3-15 The area may include a municipality. The county is not required to
3-16 designate an area in which solid waste disposal is not prohibited
3-17 [The requirement in this subsection does not apply] if the county
3-18 has adopted solid waste management plans [disposal guidelines]
3-19 approved by the Texas Natural Resource Conservation Commission
3-20 under Section 363.063.
3-21 SECTION 8. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended,
3-26 and that this Act take effect and be in force from and after its
3-27 passage, and it is so enacted.