| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the disposal of demolition waste from abandoned or |
|
|
nuisance buildings in certain areas. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter C, Chapter 316, Health and Safety |
|
|
Code, is amended by adding Section 361.126 to read as follows: |
|
|
Sec. 361.126. DISPOSAL OF DEMOLITION WASTE FROM ABANDONED |
|
|
OR NUISANCE BUILDING. (a) The commission may issue a permit by |
|
|
rule to authorize the governing body of a county or municipality |
|
|
with a population of 10,000 or less to dispose of demolition waste |
|
|
from an abandoned building or building found to be a nuisance if the |
|
|
disposal occurs on land that: |
|
|
(1) the county or municipality owns or controls; and |
|
|
(2) would qualify for an arid exemption under |
|
|
commission rules. |
|
|
(b) The county or municipality must have acquired ownership |
|
|
or control of the building through bankruptcy, tax delinquency, or |
|
|
condemnation, with the previous owner of the building not being |
|
|
financially capable of paying the costs to transport and dispose of |
|
|
the demolition waste at a permitted solid waste disposal facility. |
|
|
(c) The commission shall adopt rules under Section 361.024 |
|
|
to control the collection, handling, storage, processing, and |
|
|
disposal of demolition waste under this section to protect public |
|
|
and private property, rights-of-way, groundwater, and any other |
|
|
right that requires protection. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2011. |