By Kuempel                                            H.B. No. 3144
         76R9306 JJT-D                           
                                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 who has
1-19     leased hunting or grazing rights on land affected by the land
1-20     application of sewage sludge is an interested person.
1-21           SECTION 2.  Chapter 361, Health and Safety Code, is amended
1-22     by adding Subchapter W to read as follows:
1-23                       SUBCHAPTER W.  PERSONS INJURED
1-24                BY SOLID WASTE DISPOSAL OR TREATMENT ACTIVITY
 2-1           Sec. 361.801.  DAMAGES TO LEASE INTEREST BY LAND APPLICATION
 2-2     OF SEWAGE SLUDGE.  A person who has a lease interest in real
 2-3     property, including a lease of hunting or grazing rights, has a
 2-4     cause of action against the owner of the property for damages to
 2-5     the value of the lease or other injury caused by the land
 2-6     application of sewage sludge.
 2-7           SECTION 3.  The importance of this legislation and the
 2-8     crowded condition of the calendars in both houses create an
 2-9     emergency and an imperative public necessity that the
2-10     constitutional rule requiring bills to be read on three several
2-11     days in each house be suspended, and this rule is hereby suspended,
2-12     and that this Act take effect and be in force from and after its
2-13     passage, and it is so enacted.