85R11077 JXC-D
By: Zaffirini S.B. No. 2162
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on the approval by the Railroad
Commission of Texas of an application for a permit for a commercial
surface disposal facility located near certain reservoirs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 91, Natural Resources
Code, is amended by adding Section 91.118 to read as follows:
Sec. 91.118. COMMERCIAL SURFACE DISPOSAL FACILITY
PROHIBITED NEAR CERTAIN RESERVOIRS. (a) In this section,
"commercial surface disposal facility" has the meaning assigned by
Section 91.116.
(b) The commission may not approve an application for a
permit for a commercial surface disposal facility if any part of the
site of the facility is located less than 20 miles upstream of or
up-drainage from the maximum elevation of the surface of a
reservoir project that:
(1) has been constructed or is under construction by
the United States Bureau of Reclamation or the United States Army
Corps of Engineers; or
(2) has been approved for construction by the Texas
Water Development Board as part of the state water plan under
Subchapter C, Chapter 16, Water Code.
SECTION 2. The change in law made by this Act applies only
to an application for a permit that is pending before the Railroad
Commission of Texas on or after the effective date of this Act.
SECTION 3. 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.