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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of a permit for a municipal solid waste |
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landfill located near certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.1235 to read as follows: |
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Sec. 361.1235. CONSENT TO LOCATION OF SOLID WASTE LANDFILL |
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NEAR CERTAIN MUNICIPALITIES. (a) This section applies only to the |
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issuance of a permit for a municipal solid waste landfill: |
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(1) owned or leased by a municipality with a |
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population of more than 600,000 and less than 700,000; and |
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(2) proposed to be located: |
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(A) 1,000 feet or less from a residence; |
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(B) 2,500 feet or less from the Colorado River; |
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and |
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(C) in the 100-year flood plain. |
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(b) The commission may not issue a permit for a municipal |
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solid waste landfill unless the commission receives written consent |
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to the permit from the governing body of each municipality |
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incorporated after 2000 that has any part of its municipal boundary |
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located five miles or less from the proposed landfill. |
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(c) The governing body of a municipality may not provide |
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consent under Subsection (b) if: |
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(1) that governing body determines that the health, |
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safety, or welfare of the residents of the municipality may be |
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negatively affected by the landfill; |
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(2) the landfill site or the operation of the landfill |
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fails to comply with the land use and zoning regulations of the |
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municipality; or |
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(3) the landfill site or the operation of the landfill |
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fails to correspond with the municipality's land use and |
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development plans. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |