By: Duncan S.B. No. 1258
(In the Senate - Filed March 8, 2011; March 16, 2011, read
first time and referred to Committee on Natural Resources;
April 7, 2011, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 7, 2011,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1258 By: Duncan
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 361, 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) This section applies only to a building
that has been:
(1) abandoned or found to be a nuisance;
(2) acquired by the county or municipality by means
of:
(A) bankruptcy;
(B) tax delinquency; or
(C) condemnation; and
(3) previously owned by a person not financially
capable of paying the costs of the disposal of demolition waste at a
permitted solid waste disposal facility, including transportation
of the waste to the facility.
(b) 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 a building 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.
(c) The commission may 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.
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