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79R7765 JTS-D

By:  Phillips                                                     H.B. No. 2176



A BILL TO BE ENTITLED

AN ACT

relating to consideration by the Texas Commission on Environmental 
Quality of a landfill's impact on the transportation systems and 
economic development of the area in which the landfill is located or 
proposed to be located.
	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 361.123 to read as follows:
	Sec. 361.123.  CONSIDERATION OF LANDFILL'S IMPACT ON AREA'S 
TRANSPORTATION SYSTEM AND ECONOMIC DEVELOPMENT.  When reviewing an 
application for a permit to construct a landfill or for an amendment 
to a permit authorizing the modification of a landfill under this 
chapter, the commission must consider the impact the proposed 
landfill or the proposed modification will have on:
		(1)  the transportation system in the county in which 
the landfill is located or proposed to be located; and
		(2)  the economic development of the area surrounding 
the landfill or the proposed landfill.
	SECTION 2.  The change in law made by this Act applies only 
to an application for a permit or permit amendment that is filed 
with the Texas Commission on Environmental Quality under Chapter 
361, Health and Safety Code, on or after the effective date of this 
Act.  An application for a permit or permit amendment that is filed 
with the commission under that chapter before the effective date of 
this Act is governed by the law in effect on the date the 
application is filed, and that law is continued in effect for that 
purpose.
	SECTION 3.  This Act takes effect September 1, 2005.