By: Brown S.B. No. 486
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the processing or disposing of solid waste.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 361.066, Health and Safety Code, is
1-4 amended by amending Subsection (a) and adding Subsection (c) to
1-5 read as follows:
1-6 (a) An applicant must submit any portion of an application
1-7 that the commission determines is necessary to make the application
1-8 administratively complete not later than the deadline set by the
1-9 commission under Subsection (c) [270th day after the applicant
1-10 receives notice from the commission that the additional information
1-11 or material is needed].
1-12 (c) The commission by rule shall establish a deadline for
1-13 the submission of additional information or material after the
1-14 applicant receives notice from the commission that the information
1-15 or material is needed to make the application administratively
1-16 complete.
1-17 SECTION 2. Section 361.152, Health and Safety Code, is
1-18 amended to read as follows:
1-19 Sec. 361.152. LIMITATION ON COUNTY POWERS CONCERNING
1-20 INDUSTRIAL SOLID WASTE. The powers specified by Sections
1-21 361.154-361.162 and Section [Sections] 364.011 [and 364.012]
1-22 (County Solid Waste Control Act) may not be exercised by a county
1-23 with respect to the industrial solid waste disposal practices and
1-24 areas to which Section 361.090 applies.
2-1 SECTION 3. Section 363.112, Health and Safety Code, is
2-2 amended by amending Subsections (a) and (c) and adding Subsections
2-3 (d) and (e) to read as follows:
2-4 (a) To prohibit the processing or disposal of municipal or
2-5 industrial solid waste in certain areas of a municipality or
2-6 county, the governing body of the municipality or county must by
2-7 ordinance or order specifically designate the area of the
2-8 municipality or county, as appropriate, in which the disposal of
2-9 municipal or industrial solid waste will not be prohibited.
2-10 (c) The governing body of a municipality or county may not
2-11 prohibit the processing or disposal of municipal or industrial
2-12 solid waste in an area of that municipality or county for which:
2-13 (1) an application for a permit or other authorization
2-14 under Chapter 361 has been filed with and is pending before the
2-15 commission; or
2-16 (2) a permit or other authorization under Chapter 361
2-17 has been issued by the commission.
2-18 (d) The commission may not grant an application for a permit
2-19 to process or dispose of municipal or industrial solid waste in an
2-20 area in which the processing or disposal of municipal or industrial
2-21 solid waste is prohibited by an ordinance or order authorized by
2-22 Subsection (a), unless the governing body of the municipality or
2-23 county violated Subsection (c) in passing the ordinance or order.
2-24 The commission by rule may establish procedures for determining
2-25 whether an application is for the processing or disposal of
2-26 municipal or industrial solid waste in an area for which that
3-1 processing or disposal is prohibited by an ordinance or order.
3-2 (e) The powers specified by this section may not be
3-3 exercised by the governing body of a municipality or county with
3-4 respect to areas to which Section 361.090 applies [This section
3-5 does not apply to a municipality or county that has adopted solid
3-6 waste management plans approved by the commission under Section
3-7 363.063].
3-8 SECTION 4. Section 364.012, Health and Safety Code, is
3-9 amended by amending Subsections (a) and (b) and adding Subsections
3-10 (e), (f), and (g) to read as follows:
3-11 (a) The county may prohibit the disposal of municipal or
3-12 industrial solid waste in the county if the disposal of the
3-13 municipal or industrial solid waste is a threat to the public
3-14 health, safety, and welfare.
3-15 (b) To prohibit the disposal of municipal or industrial
3-16 solid waste in a county, the commissioners court must adopt an
3-17 ordinance in the general form prescribed for municipal ordinances
3-18 specifically designating the area of the county in which municipal
3-19 or industrial solid waste disposal is not prohibited. [The
3-20 requirement in this subsection does not apply if the county has
3-21 adopted solid waste disposal guidelines approved by the Texas
3-22 Natural Resource Conservation Commission.]
3-23 (e) The commissioners court of a county may not prohibit the
3-24 processing or disposal of municipal or industrial solid waste in an
3-25 area of that county for which:
3-26 (1) an application for a permit or other authorization
4-1 under Chapter 361 has been filed with and is pending before the
4-2 commission; or
4-3 (2) a permit or other authorization under Chapter 361
4-4 has been issued by the commission.
4-5 (f) The commission may not grant an application for a permit
4-6 to process or dispose of municipal or industrial solid waste in an
4-7 area in which the processing or disposal of municipal or industrial
4-8 solid waste is prohibited by an ordinance, unless the county
4-9 violated Subsection (e) in passing the ordinance. The commission
4-10 by rule may specify the procedures for determining whether an
4-11 application is for the processing or disposal of municipal or
4-12 industrial solid waste in an area for which that processing or
4-13 disposal is prohibited by an ordinance.
4-14 (g) The powers specified by this section may not be
4-15 exercised by a county with respect to areas to which Section
4-16 361.090 applies.
4-17 SECTION 5. (a) This Act takes effect September 1, 1999.
4-18 (b) The provisions of this Act, as amended and added by this
4-19 Act, apply only to an application submitted on or after the
4-20 effective date of this Act.
4-21 SECTION 6. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.
4-26 COMMITTEE AMENDMENT NO. 1
5-1 Amend S.B. 486 as follows:
5-2 (1) Strike SECTION 5 of the bill and substitute the
5-3 following:
5-4 SECTION 5. (a) Sections 361.066(a) and (c), Health and
5-5 Safety Code, as amended and added by this Act, apply only to an
5-6 application submitted on or after the effective date of this Act.
5-7 (b) Sections 361.152, 363.112, and 364.012, Health and
5-8 Safety Code, as amended by this Act, do not apply until January 1,
5-9 2000 to any application submitted after September 1, 1998 for a
5-10 facility proposed to be located in a county in which the
5-11 commissioners court has provided notice by September 1, 1999, in
5-12 accordance with any applicable notice provisions in Chapter 551,
5-13 Government Code, of intent to enact an ordinance pursuant to this
5-14 Act.
5-15 (2) Strike SECTION 6 of the bill and substitute the
5-16 following:
5-17 SECTION 6. The importance of this legislation and the
5-18 crowded condition of the calendars in both houses create an
5-19 emergency and an imperative public necessity that the
5-20 constitutional rule requiring bills to be read on three several
5-21 days in each house be suspended, and this rule is hereby suspended,
5-22 and that this Act take effect and be in force from and after its
5-23 passage, and it is so enacted.
5-24 Zbranek