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A BILL TO BE ENTITLED
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AN ACT
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relating to a limitation on the expansion of certain landfills near |
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a rail corridor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 361.1231, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 361.1231. LIMITATION ON EXPANSION OF MUNICIPALLY OWNED |
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[CERTAIN] LANDFILLS PERMITTED BEFORE 1980. |
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SECTION 2. Subchapter C, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.1232 to read as follows: |
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Sec. 361.1232. LIMITATION ON EXPANSION OF LANDFILLS NEAR |
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RAIL CORRIDOR. (a) This section applies only to a landfill |
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located: |
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(1) less than one mile from: |
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(A) an existing rail corridor; or |
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(B) a proposed rail corridor contained in the |
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plans of a metropolitan planning organization; and |
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(2) in a county with a population of more than 850,000 |
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and less than 1.5 million. |
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(b) Notwithstanding another provision of this subchapter, |
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the commission may not approve an application for the issuance, |
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amendment, or renewal of a permit to expand the area of a municipal |
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solid waste landfill to a location that is less than 3,500 feet from |
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a residential building that exists at the time of the application. |
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SECTION 3. The change in law made by this Act applies only |
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to an application for the issuance, amendment, or renewal of a |
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permit pending before the Texas Commission on Environmental Quality |
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on or after the effective date of this Act. A permit issued, |
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amended, or renewed before the effective date of this Act is |
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governed by the law in effect when the permit was issued, amended, |
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or renewed, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |