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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on the issuance by the Railroad |
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Commission of Texas of a permit for a commercial surface disposal |
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facility located near a municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 91, Natural Resources |
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Code, is amended by adding Section 91.118 to read as follows: |
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Sec. 91.118. COMMERCIAL SURFACE DISPOSAL FACILITY |
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PROHIBITED NEAR MUNICIPALITY. (a) In this section, "commercial |
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surface disposal facility" has the meaning assigned by Section |
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91.116. |
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(b) The commission may not approve an application for a |
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commercial surface disposal facility if any part of the site of the |
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facility is located less than five miles from the corporate |
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boundaries of a municipality. |
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SECTION 2. The change in law made by this Act applies only |
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to an application for a permit that is filed with the Railroad |
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Commission of Texas on or after the effective date of this Act. An |
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application for a permit filed before the effective date of this Act |
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is governed by the law in effect on the date of filing, and that law |
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is continued in effect for that purpose. |
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SECTION 3. 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, 2017. |