By Edwards                                            H.B. No. 3118
         77R6386 MI-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of certain municipalities to regulate
 1-3     facilities that produce, discharge, or emit pollutants.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 230, Local Government Code, is amended by
 1-6     adding Subchapter C to read as follows:
 1-7            SUBCHAPTER C.  REGULATION OF FACILITIES THAT PRODUCE,
 1-8                        DISCHARGE, OR EMIT POLLUTANTS
 1-9           Sec. 230.051.  DEFINITIONS. In this subchapter:
1-10                 (1)  "Discharge" has the meaning assigned by Section
1-11     26.001, Water Code.
1-12                 (2)  "Pollutant" includes:
1-13                       (A)  an air contaminant, as defined by Section
1-14     382.003, Health and Safety Code;
1-15                       (B)  a hazardous substance, as defined by Section
1-16     361.003, Health and Safety Code;
1-17                       (C)  industrial solid waste, as defined by
1-18     Section 361.003, Health and Safety Code;
1-19                       (D)  hazardous waste, as defined by Section
1-20     361.003, Health and Safety Code;
1-21                       (E)  a pollutant, as defined by Section 26.001,
1-22     Water Code; and
1-23                       (F)  waste, as defined by Section 26.001, Water
1-24     Code.
 2-1           Sec. 230.052.  APPLICATION. This subchapter applies only to a
 2-2     municipality with a population of 1.5 million or more that does not
 2-3     exercise zoning authority.
 2-4           Sec. 230.053.  AUTHORITY TO REGULATE FACILITIES THAT PRODUCE,
 2-5     DISCHARGE, OR EMIT POLLUTANTS. (a)  To protect the public health
 2-6     and welfare and the environment, the governing body of the
 2-7     municipality by ordinance may require a permit for the construction
 2-8     or operation of, may adopt standards to restrict the location of,
 2-9     may regulate the size, construction, and method and hours of
2-10     operation of, and may impose health and safety requirements on a
2-11     facility that is within the municipal boundaries or the
2-12     extraterritorial jurisdiction of the municipality and that
2-13     produces, discharges, or emits a pollutant.
2-14           (b)  The ordinances may require modifications to existing
2-15     facilities or structures to achieve compliance with standards
2-16     adopted under this section.
2-17           SECTION 2.  This Act takes effect immediately if it receives
2-18     a vote of two-thirds of all the members elected to each house, as
2-19     provided by Section 39, Article III, Texas Constitution.  If this
2-20     Act does not receive the vote necessary for immediate effect, this
2-21     Act takes effect September 1, 2001.