By: Darby H.B. No. 2723
A BILL TO BE ENTITLED
AN ACT
relating to the authority of local governments or other political
subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 361, Health and Safety
Code, Section 361.095 is amended to read as follows:
Sec. 361.095. APPLICANT FOR HAZARDOUS WASTE MANAGEMENT OR
MUNICIPAL SOLID WASTE FACILITY PERMIT EXEMPT FROM LOCAL PERMIT.
(a) An applicant for a permit under this subchapter is not
required to obtain a permit for the siting, construction, or
operation of a hazardous waste management or municipal solid waste
facility from a local government or other political subdivision of
the state.
(b) A local government or other political subdivision of the
state may not adopt a rule or ordinance that conflicts with or is
inconsistent with the requirements for hazardous waste management
or municipal solid waste facilities as specified by the rules of the
commission or by a permit issued by the commission.
(c) In an action to enforce a rule or ordinance of a local
government or other political subdivision, the burden is on the
facility owner or operator or on the applicant to demonstrate
conflict or inconsistency with state requirements.
(d) The validity or applicability of a rule or ordinance of
a local government or other political subdivision may be determined
in an action for declaratory judgment under Chapter 37, Civil
Practice and Remedies Code, if it is alleged that the rule or
ordinance, or its threatened application, interferes with or
impairs, or threatens to interfere with or impair, the legal rights
or privileges of the plaintiff concerning an application for or the
issuance of a permit issued for the siting, construction, or
operation of a hazardous waste management or municipal solid waste
facility.
(e) The local government or other political subdivision
whose rule or ordinance is being questioned shall be made a party to
the action. The commission shall be given written notice by
certified mail of the pendency of the action, and the commission may
become a party to the action.
(f) A declaratory judgment may be rendered even if the
plaintiff has requested the commission, the local government or
political subdivision, or another court to determine the validity
or applicability of the rule or ordinance in question.
SECTION 2. This Act takes effect September 1, 2019.