79R5146 SLO-D

By:  King of Parker                                               H.B. No. 1780



A BILL TO BE ENTITLED

AN ACT

relating to a notification requirement concerning certain permit 
applications for municipal solid waste 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 361.0667 to read as follows:
	Sec. 361.0667.  ADDITIONAL NOTICE CONCERNING PERMIT 
APPLICATION FOR MUNICIPAL SOLID WASTE FACILITY.  (a)  The 
commission shall require an applicant for a permit, permit 
amendment, or, to the extent required under Subsection (c), a 
modification to a permit for a municipal solid waste facility to 
mail notice of intent to obtain, amend, or modify a permit by a date 
determined by commission rule to:
		(1)  each residential or business address located 
within one mile of the facility; and
		(2)  each owner of real property located within one 
mile of the facility listed in the real property appraisal records 
of the appraisal district in which the facility is permitted or 
sought to be permitted.
	(b)  The applicant must certify to the commission the 
applicant's compliance with Subsection (a).  Acceptance of 
certification creates a rebuttable presumption that the applicant 
has complied with this section.  Substantial compliance with the 
notice requirements of Subsection (a) is sufficient for the 
commission to exercise jurisdiction over the application.
	(c)  An applicant for a modification to a permit for a 
municipal solid waste facility is required to comply with this 
section only if the modification is of a type that requires 
notification as determined by commission rule.
	SECTION 2.  Section 361.0667, Health and Safety Code, as 
added by this Act, applies only to an application for a permit, 
amendment to a permit, or modification to a permit for a municipal 
solid waste facility filed with the commission on or after the 
effective date of this Act.  An application filed with the 
commission before the effective date of this Act is governed by the 
law in effect at the time the application is filed, and the current 
law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.