78R5894 JJT-D

By:  Smith of Harris                                              H.B. No. 2955



A BILL TO BE ENTITLED

AN ACT

relating to the location of commercial industrial nonhazardous 
solid waste disposal facilities.
	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 361.0901 to read as follows:
	Sec. 361.0901.  PROHIBITION ON LOCATION OF COMMERCIAL 
INDUSTRIAL NONHAZARDOUS SOLID WASTE DISPOSAL FACILITY OVER AQUIFER 
OR WETLAND AREAS.  The commission may not issue a permit for a 
commercial industrial nonhazardous solid waste disposal facility 
that:
		(1)  would require for its construction a permit issued 
by the United States Corps of Engineers under Section 404 of the 
federal Clean Water Act (33 U.S.C. Section 1344); or
		(2)  would be located over any part of a 
groundwater-bearing zone so that any part of the facility would be 
25 feet or less above the uppermost water-bearing feature of the 
zone.
	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.