| 1 | 1 | | 81R2502 JTS-D |
|---|
| 2 | 2 | | By: Dukes H.B. No. 1195 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the issuance of a permit for a municipal solid waste |
|---|
| 8 | 8 | | landfill located near certain municipalities. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter C, Chapter 361, Health and Safety |
|---|
| 11 | 11 | | Code, is amended by adding Section 361.1235 to read as follows: |
|---|
| 12 | 12 | | Sec. 361.1235. CONSENT TO LOCATION OF SOLID WASTE LANDFILL |
|---|
| 13 | 13 | | NEAR CERTAIN MUNICIPALITIES. (a) This section applies only to the |
|---|
| 14 | 14 | | issuance of a permit for a municipal solid waste landfill: |
|---|
| 15 | 15 | | (1) owned or leased by a municipality with a |
|---|
| 16 | 16 | | population of more than 600,000 and less than 700,000; and |
|---|
| 17 | 17 | | (2) proposed to be located: |
|---|
| 18 | 18 | | (A) 1,000 feet or less from a residence; |
|---|
| 19 | 19 | | (B) 2,500 feet or less from the Colorado River; |
|---|
| 20 | 20 | | and |
|---|
| 21 | 21 | | (C) in the 100-year flood plain. |
|---|
| 22 | 22 | | (b) The commission may not issue a permit for a municipal |
|---|
| 23 | 23 | | solid waste landfill unless the commission receives written consent |
|---|
| 24 | 24 | | to the permit from the governing body of each municipality |
|---|
| 25 | 25 | | incorporated after 2000 that has any part of its municipal boundary |
|---|
| 26 | 26 | | located five miles or less from the proposed landfill. |
|---|
| 27 | 27 | | (c) The governing body of a municipality may not provide |
|---|
| 28 | 28 | | consent under Subsection (b) if: |
|---|
| 29 | 29 | | (1) that governing body determines that the health, |
|---|
| 30 | 30 | | safety, or welfare of the residents of the municipality may be |
|---|
| 31 | 31 | | negatively affected by the landfill; |
|---|
| 32 | 32 | | (2) the landfill site or the operation of the landfill |
|---|
| 33 | 33 | | fails to comply with the land use and zoning regulations of the |
|---|
| 34 | 34 | | municipality; or |
|---|
| 35 | 35 | | (3) the landfill site or the operation of the landfill |
|---|
| 36 | 36 | | fails to correspond with the municipality's land use and |
|---|
| 37 | 37 | | development plans. |
|---|
| 38 | 38 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 42 | 42 | | Act takes effect September 1, 2009. |
|---|