Texas 2017 - 85th Regular

Texas Senate Bill SB1489 Latest Draft

Bill / Enrolled Version Filed 05/25/2017

                            S.B. No. 1489


 AN ACT
 relating to the Gulf Coast Waste Disposal Authority.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 1.02, Chapter 409, Acts of the 61st
 Legislature, Regular Session, 1969, is amended to read as follows:
 Sec. 1.02.  FINDINGS AND DECLARATION OF POLICY.  It is hereby
 found and declared that the quality of waters in Chambers,
 Galveston, and Harris Counties is materially affected by the
 disposal of wastes throughout those counties; that regional
 approaches to studying water pollution in these counties, to
 planning corrective and preventive measures, to providing
 coordinated facilities for waste disposal, and to regulating waste
 disposal would be far more effective than efforts on a county-wide,
 city-wide, or smaller scale; that solid wastes, as well as other
 kinds of waste, may impair water quality by seepage, drainage, and
 otherwise; that creation of the Gulf Coast [Waste Disposal]
 Authority would advance the established policy of the state to
 maintain the quality of the waters in the state consistent with the
 public health and public enjoyment thereof, the propagation and
 protection of terrestrial and aquatic life, the operation of
 existing industries, and the economic development of the state; and
 that impending shortage of water in the district for beneficial
 uses requires that all reasonable measures be taken to prevent and
 abate water pollution, and to reclaim polluted water for beneficial
 uses.
 SECTION 2.  Section 1.03(a)(1), Chapter 409, Acts of the
 61st Legislature, Regular Session, 1969, is amended to read as
 follows:
 (1)  "Authority" means the Gulf Coast [Waste Disposal]
 Authority created by this Act.
 SECTION 3.  Section 2.01, Chapter 409, Acts of the 61st
 Legislature, Regular Session, 1969, is amended to read as follows:
 Section 2.01.  CREATION OF AUTHORITY.  There is hereby
 created, pursuant to Article XVI, Section 59, of the Texas
 Constitution, a conservation and reclamation district to be known
 as the Gulf Coast [Waste Disposal] Authority, which shall be a
 governmental agency and body politic and corporate of the State of
 Texas.  A confirmation election shall not be necessary.
 SECTION 4.  Chapter 409, Acts of the 61st Legislature,
 Regular Session, 1969, is amended by adding Section 2.015 to read as
 follows:
 Sec. 2.015.  NAME CHANGE.  A reference in law to the Gulf
 Coast Waste Disposal Authority means the Gulf Coast Authority.
 SECTION 5.  Section 8104.006, Special District Local Laws
 Code, is amended to read as follows:
 Sec. 8104.006.  RELATIONSHIP TO GULF COAST [WASTE DISPOSAL]
 AUTHORITY.  The rights, powers, privileges, and functions granted
 to the authority under this chapter are subject to the powers
 granted to the Gulf Coast [Waste Disposal] Authority in Chapter
 409, Acts of the 61st Legislature, Regular Session, 1969 (Article
 7621d-2, Vernon's Texas Civil Statutes), to provide disposal
 systems.
 SECTION 6.  Section 8104.205, Special District Local Laws
 Code, is amended to read as follows:
 Sec. 8104.205.  CONSENT REQUIRED FOR WASTE TREATMENT AND
 DISPOSAL FACILITIES.  Before acquiring or constructing a waste
 treatment or disposal facility, the authority must obtain the
 consent of the:
 (1)  Gulf Coast [Waste Disposal] Authority; or
 (2)  Texas Commission on Environmental Quality, if the
 consent of the Gulf Coast [Waste Disposal] Authority is
 unreasonably withheld or delayed.
 SECTION 7.  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, 2017.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I hereby certify that S.B. No. 1489 passed the Senate on
 April 19, 2017, by the following vote:  Yeas 31, Nays 0.
 ______________________________
 Secretary of the Senate
 I hereby certify that S.B. No. 1489 passed the House on
 May 24, 2017, by the following vote:  Yeas 144, Nays 2, two
 present not voting.
 ______________________________
 Chief Clerk of the House
 Approved:
 ______________________________
 Date
 ______________________________
 Governor