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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of local governments or other political |
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subdivisions. |
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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, Section 361.095 is amended to read as follows: |
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Sec. 361.095. APPLICANT FOR HAZARDOUS WASTE MANAGEMENT OR |
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MUNICIPAL SOLID WASTE FACILITY PERMIT EXEMPT FROM LOCAL PERMIT. |
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(a) An applicant for a permit under this subchapter is not |
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required to obtain a permit for the siting, construction, or |
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operation of a hazardous waste management or municipal solid waste |
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facility from a local government or other political subdivision of |
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the state. |
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(b) A local government or other political subdivision of the |
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state may not adopt a rule or ordinance that conflicts with or is |
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inconsistent with the requirements for hazardous waste management |
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or municipal solid waste facilities as specified by the rules of the |
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commission or by a permit issued by the commission. |
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(c) In an action to enforce a rule or ordinance of a local |
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government or other political subdivision, the burden is on the |
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facility owner or operator or on the applicant to demonstrate |
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conflict or inconsistency with state requirements. |
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(d) The validity or applicability of a rule or ordinance of |
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a local government or other political subdivision may be determined |
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in an action for declaratory judgment under Chapter 37, Civil |
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Practice and Remedies Code, if it is alleged that the rule or |
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ordinance, or its threatened application, interferes with or |
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impairs, or threatens to interfere with or impair, the legal rights |
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or privileges of the plaintiff concerning an application for or the |
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issuance of
a permit issued for the siting, construction, or |
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operation of a hazardous waste management or municipal solid waste |
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facility. |
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(e) The local government or other political subdivision |
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whose rule or ordinance is being questioned shall be made a party to |
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the action. The commission shall be given written notice by |
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certified mail of the pendency of the action, and the commission may |
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become a party to the action. |
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(f) A declaratory judgment may be rendered even if the |
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plaintiff has requested the commission, the local government or |
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political subdivision, or another court to determine the validity |
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or applicability of the rule or ordinance in question. |
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SECTION 2. This Act takes effect September 1, 2019. |