81R2502 JTS-D
By: Dukes H.B. No. 1195
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of a permit for a municipal solid waste
landfill located near certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 361, Health and Safety
Code, is amended by adding Section 361.1235 to read as follows:
Sec. 361.1235. CONSENT TO LOCATION OF SOLID WASTE LANDFILL
NEAR CERTAIN MUNICIPALITIES. (a) This section applies only to the
issuance of a permit for a municipal solid waste landfill:
(1) owned or leased by a municipality with a
population of more than 600,000 and less than 700,000; and
(2) proposed to be located:
(A) 1,000 feet or less from a residence;
(B) 2,500 feet or less from the Colorado River;
and
(C) in the 100-year flood plain.
(b) The commission may not issue a permit for a municipal
solid waste landfill unless the commission receives written consent
to the permit from the governing body of each municipality
incorporated after 2000 that has any part of its municipal boundary
located five miles or less from the proposed landfill.
(c) The governing body of a municipality may not provide
consent under Subsection (b) if:
(1) that governing body determines that the health,
safety, or welfare of the residents of the municipality may be
negatively affected by the landfill;
(2) the landfill site or the operation of the landfill
fails to comply with the land use and zoning regulations of the
municipality; or
(3) the landfill site or the operation of the landfill
fails to correspond with the municipality's land use and
development plans.
SECTION 2. 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, 2009.