85R13069 JXC-D
  By: Zaffirini S.B. No. 2161
  relating to the approval or disapproval by county referendum of an
  application for a permit for a commercial surface disposal
         SECTION 1.  Subchapter D, Chapter 91, Natural Resources
  Code, is amended by adding Section 91.118 to read as follows:
  DISPOSAL FACILITY. (a) In this section, "commercial surface
  disposal facility" has the meaning assigned by Section 91.116.
         (b)  The commission may not approve an application for a
  permit for a commercial surface disposal facility if an election is
  held on the application under this section in the county in which
  the facility is proposed to be located while the application is
  pending and the application is not approved at the election.
         (c)  If a number of qualified voters equal to 10 percent or
  more of the voters of the county who voted for governor in the last
  preceding gubernatorial election sign and present to the
  commissioners court a petition calling for an election on an
  application for a permit for a commercial surface disposal facility
  proposed to be located in the county, the commissioners court shall
  order an election on the proposition and notify the commission of
  the election.
         (d)  If the commission receives notice under Subsection (c)
  of an election to be held on an application for a permit, the
  commission may not approve the application before the election
  result is declared.
         (e)  The election order must be signed by the county judge.
  Copies of the order shall be posted at the door of the county
  courthouse and at all post offices in the county.
         (f)  The election shall be held after the 45th day and on or
  before the 90th day after the date the election is ordered.
         (g)  Section 41.001(a), Election Code, does not apply to an
  election ordered under this section.
         (h)  An election held under this section may include
  propositions for the approval of applications for permits for more
  than one commercial surface disposal facility. 
         (i)  The ballot in an election held under this section shall
  be printed to permit voting for or against the proposition:
  "Approval of an application submitted by (name of applicant) for a
  permit for a commercial surface disposal facility to be operated at
  (proposed location of facility)."
         (j)  The election officers shall certify to the
  commissioners court the number of votes cast for or against each
  proposition in the election. 
         (k)  The commissioners court shall declare the result and
  notify the commission of the result.
         SECTION 2.  The change in law made by this Act applies only
  to an application for a permit that is pending before the Railroad
  Commission of Texas on or after the effective date of this Act.
         SECTION 3.  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, 2017.