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Amend HB 1053 by striking all below the enacting clause and 
substituting:  
	SECTION 1.  Subchapter C, Chapter 361, Health and Safety 
Code, is amended by adding Section 361.123 to read as follows:
	Sec. 361.123.  LIMITATION ON LOCATION OF MUNICIPAL SOLID 
WASTE LANDFILLS.  (a)  This section applies to an application for a 
permit for a new Type I or new Type IV municipal solid waste 
landfill or for a permit or permit amendment authorizing the 
conversion of a Type IV municipal solid waste landfill to a Type I 
municipal solid waste landfill only if the landfill or proposed 
site for the new landfill is located in a county that is adjacent to 
a county with a population of more than 3.3 million and inside the 
boundaries of a national forest, as designated by the United States 
Forest Service, on public or private land.
	(b)  The commission may not issue a permit for a new Type I or 
new Type IV municipal solid waste landfill to be located as 
described by Subsection (a).
	(c)  The commission may not issue a permit or permit 
amendment authorizing the conversion of a Type IV municipal solid 
waste landfill located as described by Subsection (a) to a Type I 
municipal solid waste landfill.
	(d)  This section does not apply to an application for a 
permit or permit amendment authorizing an areal expansion of an 
existing Type I municipal solid waste landfill.
	SECTION 2.  Section 361.123, Health and Safety Code, as added 
by this Act, applies only to the issuance of a permit for a new 
municipal solid waste landfill or of a permit or permit amendment 
authorizing the conversion of a Type IV municipal solid waste 
landfill to a Type I municipal solid waste landfill, the 
application for which is received by the Texas Commission on 
Environmental Quality on or after September 1, 2005.
	SECTION 3.  This Act takes effect September 1, 2005.