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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 certain commercial surface |
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disposal facilities. |
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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. PROHIBITION ON PERMIT FOR COMMERCIAL SURFACE |
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DISPOSAL FACILITY IF ALTERNATIVE EXISTS. (a) In this section, |
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"commercial surface disposal facility" has the meaning assigned by |
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Section 91.116. |
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(b) The commission may not approve an application for a |
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permit for a commercial surface disposal facility unless the |
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commission determines the facility is necessary after considering |
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whether a practical, economic, and feasible alternative to the |
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facility exists that is reasonably available to provide disposal of |
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the types of fluids and waste for which the permit is sought. |
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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 September 1, 2023. |