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78R4533 JTS-F

By:  Smith of Harris                                              H.B. No. 2052



A BILL TO BE ENTITLED

AN ACT

relating to restrictions on the location of an industrial solid 
waste landfill.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 361, Health and Safety 
Code, is amended by adding Section 361.123 to read as follows:
	Sec. 361.123.  PROHIBITION ON PERMIT FOR CERTAIN INDUSTRIAL 
SOLID WASTE LANDFILLS.  The commission may not issue a permit for an 
industrial solid waste landfill if:
		(1)  the proposed site:                                                
			(A)  is three miles or less from a coastal bay 
system; and          
			(B)  is in a county with a population of 35,000 or 
less that is adjacent to a county with a population of two million 
or more; and
		(2)  the commissioners court of the county in which the 
proposed site is located adopts an order recommending denial of the 
application.
	SECTION 2.  (a)  This Act takes effect immediately if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for immediate 
effect, this Act takes effect September 1, 2003.
	(b)  This Act applies to a permit application that is pending 
before the Texas Commission on Environmental Quality on the 
effective date of this Act or that is filed with the commission on 
or after that date.