| 1 | 1 | | 85R5036 JXC-D |
|---|
| 2 | 2 | | By: Kolkhorst S.B. No. 747 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to a prohibition on the issuance by the Railroad |
|---|
| 8 | 8 | | Commission of Texas of a permit for a commercial surface disposal |
|---|
| 9 | 9 | | facility located near a municipality. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Subchapter D, Chapter 91, Natural Resources |
|---|
| 12 | 12 | | Code, is amended by adding Section 91.118 to read as follows: |
|---|
| 13 | 13 | | Sec. 91.118. COMMERCIAL SURFACE DISPOSAL FACILITY |
|---|
| 14 | 14 | | PROHIBITED NEAR MUNICIPALITY. (a) In this section, "commercial |
|---|
| 15 | 15 | | surface disposal facility" has the meaning assigned by Section |
|---|
| 16 | 16 | | 91.116. |
|---|
| 17 | 17 | | (b) The commission may not approve an application for a |
|---|
| 18 | 18 | | commercial surface disposal facility if any part of the site of the |
|---|
| 19 | 19 | | facility is located less than five miles from the corporate |
|---|
| 20 | 20 | | boundaries of a municipality. |
|---|
| 21 | 21 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 22 | 22 | | to an application for a permit that is filed with the Railroad |
|---|
| 23 | 23 | | Commission of Texas on or after the effective date of this Act. An |
|---|
| 24 | 24 | | application for a permit filed before the effective date of this Act |
|---|
| 25 | 25 | | is governed by the law in effect on the date of filing, and that law |
|---|
| 26 | 26 | | is continued in effect for that purpose. |
|---|
| 27 | 27 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 28 | 28 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 29 | 29 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 30 | 30 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 31 | 31 | | Act takes effect September 1, 2017. |
|---|