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.
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