| 1 | 1 | | By: Duncan S.B. No. 1258 |
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| 2 | 2 | | (Hardcastle) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the disposal of demolition waste from abandoned or |
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| 8 | 8 | | nuisance buildings in certain areas. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 361, Health and Safety |
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| 11 | 11 | | Code, is amended by adding Section 361.126 to read as follows: |
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| 12 | 12 | | Sec. 361.126. DISPOSAL OF DEMOLITION WASTE FROM ABANDONED |
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| 13 | 13 | | OR NUISANCE BUILDING. (a) This section applies only to a building |
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| 14 | 14 | | that has been: |
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| 15 | 15 | | (1) abandoned or found to be a nuisance; |
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| 16 | 16 | | (2) acquired by the county or municipality by means |
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| 17 | 17 | | of: |
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| 18 | 18 | | (A) bankruptcy; |
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| 19 | 19 | | (B) tax delinquency; or |
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| 20 | 20 | | (C) condemnation; and |
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| 21 | 21 | | (3) previously owned by a person not financially |
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| 22 | 22 | | capable of paying the costs of the disposal of demolition waste at a |
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| 23 | 23 | | permitted solid waste disposal facility, including transportation |
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| 24 | 24 | | of the waste to the facility. |
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| 25 | 25 | | (b) The commission may issue a permit by rule to authorize |
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| 26 | 26 | | the governing body of a county or municipality with a population of |
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| 27 | 27 | | 10,000 or less to dispose of demolition waste from a building if the |
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| 28 | 28 | | disposal occurs on land that: |
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| 29 | 29 | | (1) the county or municipality owns or controls; and |
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| 30 | 30 | | (2) would qualify for an arid exemption under |
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| 31 | 31 | | commission rules. |
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| 32 | 32 | | (c) The commission shall adopt rules under Section 361.024 |
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| 33 | 33 | | to control the collection, handling, storage, processing, and |
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| 34 | 34 | | disposal of demolition waste under this section to protect public |
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| 35 | 35 | | and private property, rights-of-way, groundwater, and any other |
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| 36 | 36 | | right that requires protection. |
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| 37 | 37 | | SECTION 2. This Act takes effect immediately if it receives |
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| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 41 | | Act takes effect September 1, 2011. |
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