By: Bonnen H.B. No. 3157
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the disposal of solid waste.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.0151(b), Health and Safety Code, is
amended to read as follows:
(b) The commission shall work in conjunction with the Texas
Department of Economic Development and the Municipal Solid Waste
Management and Resource Recovery Advisory Council [Commerce] to
pursue the development of markets for recycled materials, including
composting products.
SECTION 2. Section 361.027, Health and Safety Code, is
amended to read as follows:
Sec. 361.027. LICENSURE OF SOLID WASTE FACILITY
SUPERVISORS. The commission may implement a program under Chapter
37, Water Code, to license persons who supervise the operation or
maintenance of solid waste facilities. The commission may not
require a license for a person:
(1) whose primary responsibility at a solid waste
facility is to transport solid waste; and
(2) who does not supervise any activity at a solid
waste facility.
SECTION 3. Section 361.0641, Health and Safety Code, is
amended to read as follows:
Sec. 361.0641. NOTICE TO STATE SENATOR AND REPRESENTATIVE.
On receiving an application for, or notice of intent to file an
application for, a permit to construct, operate, or maintain a
facility to store, process, or dispose of solid waste or hazardous
waste, the commission shall send notice of the application or the
notice of intent to the district and Capitol offices of the state
senator and representative who represent the area in which the
facility is or will be located.
SECTION 4. Section 361.067(a), Health and Safety Code, is
amended to read as follows:
(a) If the commission determines that a permit application
submitted to it is administratively complete, it shall mail a copy
of the application or a summary of its contents to:
(1) the mayor and health authority of a municipality
in whose territorial limits or extraterritorial jurisdiction the
solid waste facility is located; [and]
(2) the county judge and the health authority of the
county in which the facility is located; and
(3) the regional planning commission created under
Chapter 391, Local Government Code, for the region in which the
facility is located.
SECTION 5. Section 361.122, Health and Safety Code, is
amended to read as follows:
Sec. 361.122. DENIAL OF CERTAIN LANDFILL PERMITS. (a) The
commission may not issue a permit for a Type IV landfill if:
(1) the proposed site is located within 100 feet of a
canal that is used as a public drinking water source or for
irrigation of crops used for human or animal consumption;
(2) the proposed site is located in a county with a
population of more than 225,000 that is located adjacent to the Gulf
of Mexico; and
(3) prior to final consideration of the application by
the commission, the commissioners of the county in which the
facility is located have adopted a resolution recommending denial
of the application.
(b) In addition to the restriction on the location of a Type
IV landfill under Subsection (a), the commission may not issue a
permit for a Type IV landfill if, on or before January 13, 2003, the
proposed facility was determined by the applicable regional
planning commission created under Chapter 391, Local Government
Code, to be incompatible with a regional solid waste management
plan adopted under Section 363.062 of this code.
SECTION 6. This Act takes effect September 1, 2003.