By Dukes                                              H.B. No. 3749
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the cleanup of municipal solid waste facilities which
 1-3     contain industrial hazardous waste.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  The Texas Natural Resource Conservation
 1-6     Commission shall, by rule, require the owners of a landfill to
 1-7     exhume all of the industrial hazardous waste contained in them and
 1-8     deposit those materials in a facility that conforms to current
 1-9     statutes and regulations if the facility:
1-10                 (1)  contains more than 500 barrels of industrial
1-11     hazardous waste and
1-12                 (2)  was built before lining requirements and
1-13                 (3)  has references to the industrial hazardous waste
1-14     in its dead filing documents
1-15           SECTION 2.  A court having jurisdiction to issue injunctions
1-16     may enjoin the violation or threatened violation of this section.
1-17     Venue is in the county in which the facility would be located.  The
1-18     county attorney or other attorney representing that county or the
1-19     attorney general may initiate the action.
1-20           SECTION 3.  This Act takes effect September 1, 1999.
1-21           SECTION 4.  The importance of this legislation and the
 2-1     crowded condition of the calendars in both houses create an
 2-2     emergency and an imperative public necessity that the
 2-3     constitutional rule requiring bills to be read on three several
 2-4     days in each house be suspended, and this rule is hereby suspended.