78R4533 JTS-F

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

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.