By Kuempel                                            H.B. No. 3144
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the land application of municipal sewage sludge.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter B, Chapter 361, Health and Safety
 1-5     Code, is amended by adding Section 361.040 to read as follows:
 1-6           Sec. 361.040.  INVESTIGATION OF LAND DISPOSAL ACTIVITIES.
 1-7     (a)  The commission may enter property to investigate activities
 1-8     related to the land  application of sewage sludge or to inspect
 1-9     records related to the activities.
1-10           (b)  On receipt of a credible complaint of an interested
1-11     person, the commission shall investigate whether:
1-12                 (1)  sludge that is being applied to land for a
1-13     beneficial use meets the standards provided by commission rules for
1-14     land application; and
1-15                 (2)  the land application is being conducted in
1-16     accordance with the requirements of this chapter and rules adopted
1-17     and orders issued under this chapter.
1-18           (c)  For the purposes of Subsection (b), a person is an
1-19     interested person if:
1-20                 (1)  the person has leased hunting or grazing rights on
1-21     land affected by the land application of sewage sludge; or
1-22                 (2)  the person owns land located within five miles of
1-23     a site where sewage sludge is applied to 35,000 or more acres of
1-24     land.
 2-1           SECTION 2.  Chapter 361, Health and Safety Code, is amended
 2-2     by adding Subchapter W to read as follows:
 2-3                       SUBCHAPTER W.  PERSONS INJURED
 2-4                BY SOLID WASTE DISPOSAL OR TREATMENT ACTIVITY
 2-5           Sec. 361.801.  DAMAGES TO LEASE INTEREST BY LAND APPLICATION
 2-6     OF SEWAGE SLUDGE.  A person who has a lease interest in real
 2-7     property, including a lease of hunting or grazing rights, has a
 2-8     cause of action against the owner of the property for damages to
 2-9     the value of the lease or other injury caused by the land
2-10     application of sewage sludge.
2-11           Sec. 361.802.  DAMAGES TO CERTAIN LANDOWNERS BY APPLICATION
2-12     OF SEWAGE SLUDGE.  (a)  A person who owns land located within five
2-13     miles of a site where sewage sludge is applied to 35,000 or more
2-14     acres of land has a cause of action against the owner of the site
2-15     for damages to the value of the person's land or other injury
2-16     caused by the land application of sewage sludge.
2-17           (b)  This section does not impair the right of any person to
2-18     recover damages for injury caused by land application of sewage
2-19     sludge.
2-20           SECTION 3.  Subchapter C, Chapter 361, Health and Safety
2-21     Code, is amended by adding Section 361.117 to read as follows:
2-22           Sec. 361.117.  PERMIT FOR LAND APPLICATION OF SEWAGE SLUDGE.
2-23     A person may not conduct land application of sewage sludge unless
2-24     the person has a permit issued by the commission.  The commission
2-25     by rule shall require a contested case hearing for each application
2-26     for a permit to conduct land application of sewage sludge.
2-27           SECTION 4.  The importance of this legislation and the
 3-1     crowded condition of the calendars in both houses create an
 3-2     emergency and an imperative public necessity that the
 3-3     constitutional rule requiring bills to be read on three several
 3-4     days in each house be suspended, and this rule is hereby suspended,
 3-5     and that this Act take effect and be in force from and after its
 3-6     passage, and it is so enacted.