1-1 By: Brown S.B. No. 486
1-2 (In the Senate - Filed February 11, 1999; February 15, 1999,
1-3 read first time and referred to Committee on Natural Resources;
1-4 February 25, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0;
1-6 February 25, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 486 By: Brown
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the processing or disposing of solid waste.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 361.066, Health and Safety Code, is
1-13 amended by amending Subsection (a) and adding Subsection (c) to
1-14 read as follows:
1-15 (a) An applicant must submit any portion of an application
1-16 that the commission determines is necessary to make the application
1-17 administratively complete not later than the deadline set by the
1-18 commission under Subsection (c) [270th day after the applicant
1-19 receives notice from the commission that the additional information
1-20 or material is needed].
1-21 (c) The commission by rule shall establish a deadline for
1-22 the submission of additional information or material after the
1-23 applicant receives notice from the commission that the information
1-24 or material is needed to make the application administratively
1-25 complete.
1-26 SECTION 2. Section 361.152, Health and Safety Code, is
1-27 amended to read as follows:
1-28 Sec. 361.152. LIMITATION ON COUNTY POWERS CONCERNING
1-29 INDUSTRIAL SOLID WASTE. The powers specified by Sections
1-30 361.154-361.162 and Section [Sections] 364.011 [and 364.012]
1-31 (County Solid Waste Control Act) may not be exercised by a county
1-32 with respect to the industrial solid waste disposal practices and
1-33 areas to which Section 361.090 applies.
1-34 SECTION 3. Section 363.112, Health and Safety Code, is
1-35 amended by amending Subsections (a) and (c) and adding Subsections
1-36 (d) and (e) to read as follows:
1-37 (a) To prohibit the processing or disposal of municipal or
1-38 industrial solid waste in certain areas of a municipality or
1-39 county, the governing body of the municipality or county must by
1-40 ordinance or order specifically designate the area of the
1-41 municipality or county, as appropriate, in which the disposal of
1-42 municipal or industrial solid waste will not be prohibited.
1-43 (c) The governing body of a municipality or county may not
1-44 prohibit the processing or disposal of municipal or industrial
1-45 solid waste in an area of that municipality or county for which:
1-46 (1) an application for a permit or other authorization
1-47 under Chapter 361 has been filed with and is pending before the
1-48 commission; or
1-49 (2) a permit or other authorization under Chapter 361
1-50 has been issued by the commission.
1-51 (d) The commission may not grant an application for a permit
1-52 to process or dispose of municipal or industrial solid waste in an
1-53 area in which the processing or disposal of municipal or industrial
1-54 solid waste is prohibited by an ordinance or order authorized by
1-55 Subsection (a), unless the governing body of the municipality or
1-56 county violated Subsection (c) in passing the ordinance or order.
1-57 The commission by rule may establish procedures for determining
1-58 whether an application is for the processing or disposal of
1-59 municipal or industrial solid waste in an area for which that
1-60 processing or disposal is prohibited by an ordinance or order.
1-61 (e) The powers specified by this section may not be
1-62 exercised by the governing body of a municipality or county with
1-63 respect to areas to which Section 361.090 applies [This section
1-64 does not apply to a municipality or county that has adopted solid
2-1 waste management plans approved by the commission under Section
2-2 363.063].
2-3 SECTION 4. Section 364.012, Health and Safety Code, is
2-4 amended by amending Subsections (a) and (b) and adding Subsections
2-5 (e), (f), and (g) to read as follows:
2-6 (a) The county may prohibit the disposal of municipal or
2-7 industrial solid waste in the county if the disposal of the
2-8 municipal or industrial solid waste is a threat to the public
2-9 health, safety, and welfare.
2-10 (b) To prohibit the disposal of municipal or industrial
2-11 solid waste in a county, the commissioners court must adopt an
2-12 ordinance in the general form prescribed for municipal ordinances
2-13 specifically designating the area of the county in which municipal
2-14 or industrial solid waste disposal is not prohibited. [The
2-15 requirement in this subsection does not apply if the county has
2-16 adopted solid waste disposal guidelines approved by the Texas
2-17 Natural Resource Conservation Commission.]
2-18 (e) The commissioners court of a county may not prohibit the
2-19 processing or disposal of municipal or industrial solid waste in an
2-20 area of that county for which:
2-21 (1) an application for a permit or other authorization
2-22 under Chapter 361 has been filed with and is pending before the
2-23 commission; or
2-24 (2) a permit or other authorization under Chapter 361
2-25 has been issued by the commission.
2-26 (f) The commission may not grant an application for a permit
2-27 to process or dispose of municipal or industrial solid waste in an
2-28 area in which the processing or disposal of municipal or industrial
2-29 solid waste is prohibited by an ordinance, unless the county
2-30 violated Subsection (e) in passing the ordinance. The commission
2-31 by rule may specify the procedures for determining whether an
2-32 application is for the processing or disposal of municipal or
2-33 industrial solid waste in an area for which that processing or
2-34 disposal is prohibited by an ordinance.
2-35 (g) The powers specified by this section may not be
2-36 exercised by a county with respect to areas to which Section
2-37 361.090 applies.
2-38 SECTION 5. (a) This Act takes effect September 1, 1999.
2-39 (b) The provisions of this Act, as amended and added by this
2-40 Act, apply only to an application submitted on or after the
2-41 effective date of this Act.
2-42 SECTION 6. The importance of this legislation and the
2-43 crowded condition of the calendars in both houses create an
2-44 emergency and an imperative public necessity that the
2-45 constitutional rule requiring bills to be read on three several
2-46 days in each house be suspended, and this rule is hereby suspended.
2-47 * * * * *