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Amend CSHB 459 (Senate committee report) by adding the 
following appropriately numbered SECTIONS to the bill and 
renumbering subsequent SECTIONS accordingly:
	SECTION ____.  Subchapter C, Chapter 361, Health and Safety 
Code, is amended by adding Section 361.1127 to read as follows:
	Sec. 361.1127.  LAND RECLAMATION PROJECTS USING TIRES.  
(a)  In this section:
		(1)  "Land reclamation" means the process of restoring 
an area of excavated, deteriorated, or disturbed land to its 
approximate natural grade and to prepare or reclaim the land for 
reuse.
		(2)  "Scrap tire" has the meaning assigned by Section 
361.112.       
	(b)  A person may not begin a land reclamation project using 
scrap tires without a permit issued by the commission under this 
chapter.
	(c)  A person may not use scrap tires for a land reclamation 
project unless the tires are shredded, split, or quartered as 
provided by commission rule.  The commission may grant an exception 
to this requirement if the commission finds that circumstances 
warrant the exception.
	(d)  The commission may not grant a permit for a land 
reclamation project using scrap tires before:
		(1)  the commission receives comments or suggestions 
from the commissioners court of each county in which the proposed 
project is located; or
		(2)  the expiration of a time period, established by 
commission rule, in which the entities described by this subsection 
may offer comments.
	(e)  The application to request a permit for a land 
reclamation project using scrap tires must include at a minimum:
		(1)  a legal description of the area to be reclaimed;                  
		(2)  a map clearly identifying the area to be reclaimed 
and the topography of the area;
		(3)  an affidavit from the property owner certifying 
that the reclamation project complies with this section and the 
rules adopted under this section; and
		(4)  an analysis and evaluation of the environmental 
impacts on the soil and groundwater in the area of the proposed 
project that compare the impact of using scrap tires for the 
proposed reclamation project to the impact of at least one 
reasonable alternative method of land reclamation for the proposed 
project.
	(f)  The commission by rule shall:                                      
		(1)  prescribe minimum standards to protect the soil 
and water for a land reclamation project using scrap tires; and
		(2)  adopt application forms and procedures for the 
permitting process under this section.
	(g)  The commission may amend, extend, transfer, or renew a 
permit issued under this section as provided by this chapter and 
commission rule.
	(h)  The notice and hearing procedures provided by this 
subchapter apply to a permit issued, amended, extended, or renewed 
under this section.
	(i)  The commission may, for good cause, deny, revoke, or 
amend a permit under this section for reasons concerning public 
health and safety, air or water pollution, land use, or a violation 
of this section as provided by Section 361.089.
	SECTION ____.  (a)  Before September 1, 2010, the Texas 
Commission on Environmental Quality shall adopt any rules required 
to implement Section 361.1127, Health and Safety Code, as added by 
this Act.
	(b)  On or after the effective date of this Act, any person 
responsible for an ongoing or pending land reclamation project 
using scrap tires that has not yet placed the tires below ground may 
not place the tires below ground until the person has obtained a 
permit under Section 361.1127, Health and Safety Code, as added by 
this Act.
	(c)  To the extent that a land reclamation project using 
scrap tires has placed tires below ground before the effective date 
of this Act, the project is subject to the law in effect on the date 
the tires were placed below ground, and that law is continued in 
effect for that purpose.