By Brown S.B. No. 486
76R4790 MXM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the processing or disposing of solid waste.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 361.066, Health and Safety Code, is
1-5 amended by amending Subsection (a) and adding Subsection (c) to
1-6 read as follows:
1-7 (a) An applicant must submit any portion of an application
1-8 that the commission determines is necessary to make the application
1-9 administratively complete not later than the deadline set by the
1-10 commission under Subsection (c) [270th day after the applicant
1-11 receives notice from the commission that the additional information
1-12 or material is needed].
1-13 (c) The commission by rule shall establish a deadline for
1-14 the submission of additional information or material after the
1-15 applicant receives notice from the commission that the information
1-16 or material is needed to make the application administratively
1-17 complete.
1-18 SECTION 2. Section 361.152, Health and Safety Code, is
1-19 amended to read as follows:
1-20 Sec. 361.152. LIMITATION ON COUNTY POWERS CONCERNING
1-21 INDUSTRIAL SOLID WASTE. The powers specified by Sections
1-22 361.154-361.162 and Section [Sections] 364.011 [and 364.012]
1-23 (County Solid Waste Control Act) may not be exercised by a county
1-24 with respect to the industrial solid waste disposal practices and
2-1 areas to which Section 361.090 applies.
2-2 SECTION 3. Section 363.112, Health and Safety Code, is
2-3 amended by amending Subsections (a) and (c) and adding Subsections
2-4 (d) and (e) to read as follows:
2-5 (a) To prohibit the processing or disposal of municipal or
2-6 industrial solid waste in certain areas of a municipality or
2-7 county, the governing body of the municipality or county must by
2-8 ordinance or order specifically designate the area of the
2-9 municipality or county, as appropriate, in which the disposal of
2-10 municipal or industrial solid waste will not be prohibited.
2-11 (c) The governing body of a municipality or county may not
2-12 prohibit the processing or disposal of municipal or industrial
2-13 solid waste in an area of that municipality or county for which:
2-14 (1) an application for a permit or other authorization
2-15 under Chapter 361 has been filed with and is pending before the
2-16 commission; or
2-17 (2) a permit or other authorization under Chapter 361
2-18 has been issued by the commission.
2-19 (d) The commission may not grant an application for a permit
2-20 to process or dispose of municipal or industrial solid waste in an
2-21 area in which the processing or disposal of municipal or industrial
2-22 solid waste is prohibited by an ordinance or order authorized by
2-23 Subsection (a), unless the governing body of the municipality or
2-24 county violated Subsection (c) in passing the ordinance or order.
2-25 The commission by rule may establish procedures for determining
2-26 whether an application is for the processing or disposal of
2-27 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
3-27 under Chapter 361 has been filed with and is pending before the
4-1 commission; or
4-2 (2) a permit or other authorization under Chapter 361
4-3 has been issued by the commission.
4-4 (f) The commission may not grant an application for a permit
4-5 to process or dispose of municipal or industrial solid waste in an
4-6 area in which the processing or disposal of municipal or industrial
4-7 solid waste is prohibited by an order, unless the county violated
4-8 Subsection (e) in passing the order. The commission by rule may
4-9 specify the procedures for determining whether an application is
4-10 for the processing or disposal of municipal or industrial solid
4-11 waste in an area for which that processing or disposal is
4-12 prohibited by an order.
4-13 (g) The powers specified by this section may not be
4-14 exercised by a county with respect to areas to which Section
4-15 361.090 applies.
4-16 SECTION 5. (a) This Act takes effect September 1, 1999.
4-17 (b) Sections 361.066(a) and (c), Health and Safety Code, as
4-18 amended and added by this Act, apply only to an application
4-19 submitted on or after the effective date of this Act.
4-20 SECTION 6. The importance of this legislation and the
4-21 crowded condition of the calendars in both houses create an
4-22 emergency and an imperative public necessity that the
4-23 constitutional rule requiring bills to be read on three several
4-24 days in each house be suspended, and this rule is hereby suspended.