By: Hardcastle H.B. No. 2013
Substitute the following for H.B. No. 2013:
By: Chisum C.S.H.B. No. 2013
A BILL TO BE ENTITLED
AN ACT
relating to the disposal of demolition waste from abandoned or
nuisance buildings in certain areas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 316, Health and Safety
Code, is amended by adding Section 361.126 to read as follows:
Sec. 361.126. DISPOSAL OF DEMOLITION WASTE FROM ABANDONED
OR NUISANCE BUILDING. (a) The commission may issue a permit by
rule to authorize the governing body of a county or municipality
with a population of 10,000 or less to dispose of demolition waste
from an abandoned building or building found to be a nuisance if the
disposal occurs on land that:
(1) the county or municipality owns or controls; and
(2) would qualify for an arid exemption under
commission rules.
(b) The county or municipality must have acquired ownership
or control of the building through bankruptcy, tax delinquency, or
condemnation, with the previous owner of the building not being
financially capable of paying the costs to transport and dispose of
the demolition waste at a permitted solid waste disposal facility.
(c) The commission shall adopt rules under Section 361.024
to control the collection, handling, storage, processing, and
disposal of demolition waste under this section to protect public
and private property, rights-of-way, groundwater, and any other
right that requires protection.
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, 2011.