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By:  Barrientos                                                   S.B. No. 1793


A BILL TO BE ENTITLED

AN ACT

relating to the permitting of Type I landfills.                               
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 361.122, Health & Safety Code, is 
amended to read as follows:
		(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)  The commission may not issue a new permit or a 
permit amendment for a Type I landfill unless the proposed disposal 
of municipal solid waste will occur only over composite liners as 
defined by 40 C.F.R. Sec. 258.40(b).

SECTION 2.  EFFECTIVE DATE.  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.