By: Duncan S.B. No. 1258
 
  (Hardcastle)
 
   
 
 
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 361, 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)  This section applies only to a building
  that has been:
               (1)  abandoned or found to be a nuisance;
               (2)  acquired by the county or municipality by means
  of:
                     (A)  bankruptcy;
                     (B)  tax delinquency; or
                     (C)  condemnation; and
               (3)  previously owned by a person not financially
  capable of paying the costs of the disposal of demolition waste at a
  permitted solid waste disposal facility, including transportation
  of the waste to the facility.
         (b)  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 a building 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.
         (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.