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78R7131 JJT-F

By:  Jones of Dallas                                              H.B. No. 2741



A BILL TO BE ENTITLED

AN ACT

relating to incineration of hazardous waste as fuel in cement 
plants in certain areas of this state.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 382, Health and Safety 
Code, is amended by adding Section 382.059 to read as follows:
	Sec. 382.059.  PROHIBITION OF HAZARDOUS WASTE AS FUEL IN 
CEMENT PLANT.  (a) In this section, "hazardous waste" has the 
meaning assigned by Section 361.003.
	(b)  The commission by rule shall prohibit, on and after 
January 1, 2006, incineration of hazardous waste as a fuel in a 
cement plant located in a standard metropolitan statistical area 
that:
		(1)  is in a nonattainment area for a national ambient 
air quality standard; and
		(2)  contains two municipalities each of which has a 
population of more than 1 million.
	SECTION 2.  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.