| 1 | 1 | | 84R1901 JAM-D |
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| 2 | 2 | | By: Nelson S.B. No. 878 |
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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 a limitation on the expansion of certain landfills. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter C, Chapter 361, Health and Safety |
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| 10 | 10 | | Code, is amended by adding Section 361.1231 to read as follows: |
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| 11 | 11 | | Sec. 361.1231. LIMITATION ON EXPANSION OF CERTAIN |
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| 12 | 12 | | LANDFILLS. (a) This section applies only to a Type I municipal solid |
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| 13 | 13 | | waste landfill that is located: |
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| 14 | 14 | | (1) in a municipality that is located in a county with |
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| 15 | 15 | | a population of more than 600,000; and |
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| 16 | 16 | | (2) not more than 500 feet from another municipality |
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| 17 | 17 | | located in a county described by Subdivision (1). |
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| 18 | 18 | | (b) Notwithstanding any other provision of this subchapter, |
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| 19 | 19 | | the commission may not approve an application for the issuance, |
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| 20 | 20 | | amendment, or renewal of a permit that seeks to expand the area or |
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| 21 | 21 | | capacity of a landfill unless the governing body of each |
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| 22 | 22 | | municipality described by Subsection (a) first approves by |
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| 23 | 23 | | resolution or order the issuance, amendment, or renewal of the |
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| 24 | 24 | | permit. |
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| 25 | 25 | | (c) The commission shall provide the members of the |
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| 26 | 26 | | legislature who represent the district containing the landfill |
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| 27 | 27 | | described in the permit with an opportunity to comment on the |
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| 28 | 28 | | application and shall consider those comments in evaluating an |
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| 29 | 29 | | application under this subchapter. |
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| 30 | 30 | | SECTION 2. The changes in law made by this Act apply only to |
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| 31 | 31 | | an application for the issuance, amendment, or renewal of a permit |
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| 32 | 32 | | pending before the Texas Commission on Environmental Quality on or |
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| 33 | 33 | | after the effective date of this Act. A permit issued, amended, or |
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| 34 | 34 | | renewed before the effective date of this Act is governed by the law |
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| 35 | 35 | | in effect when the permit was issued, amended, or renewed, and the |
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| 36 | 36 | | former law is continued in effect for that purpose. |
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| 37 | 37 | | SECTION 3. 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, 2015. |
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