By: Darby (Senate Sponsor - Perry) H.B. No. 1598
(In the Senate - Received from the House April 26, 2023;
May 18, 2023, read first time and referred to Committee on Water,
Agriculture & Rural Affairs; May 19, 2023, reported favorably by
the following vote: Yeas 8, Nays 0; May 19, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
PerryX
HancockX
BlancoX
FloresX
GutierrezX
JohnsonX
KolkhorstX
SparksX
SpringerX
A BILL TO BE ENTITLED
AN ACT
relating to local government and other political subdivision
regulation of certain solid waste facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.095, Health and Safety Code, is
amended to read as follows:
Sec. 361.095. LOCAL PERMITS FOR [APPLICANT FOR] HAZARDOUS
WASTE MANAGEMENT AND MUNICIPAL SOLID WASTE FACILITIES [FACILITY
PERMIT EXEMPT FROM LOCAL PERMIT]. (a) An applicant for a permit
under this subchapter is not:
(1) required to obtain a permit for the siting,
construction, or operation of a hazardous waste management facility
from a local government or other political subdivision of the
state; or
(2) required to obtain a permit for the siting,
construction, or operation of a municipal solid waste facility from
a local government or other political subdivision of the state as a
prerequisite to a permit being issued by the commission.
(b) A local government or other political subdivision of the
state may not adopt a rule, order, or ordinance that conflicts with
or is inconsistent with:
(1) the requirements for hazardous waste management or
municipal solid waste facilities as specified by:
(A) the rules of the commission; or
(B) [by] a permit issued by the commission; or
(2) the requirements for municipal solid waste
facilities under Section 361.011.
(c) In an action to enforce a rule, order, 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, order, 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, order, 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 issued permit, an application for a permit, or the issuance of a
permit 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, order, 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, order, or ordinance in question.
(g) This section may not be construed to prevent or limit
the right of:
(1) a county or municipality to exercise the authority
granted under Section 363.112 to prohibit the processing or
disposal of municipal solid waste;
(2) a county to exercise the authority granted under
Section 364.012 to prohibit the disposal of municipal solid waste;
or
(3) a local government or other political subdivision
to adopt or enforce a rule, order, or ordinance under the authority
of the National Flood Insurance Program governing permits or other
approvals for the development of land in areas prone to floods or
mudslides.
SECTION 2. Section 361.095, Health and Safety Code, as
amended by this Act, applies only to an order, ordinance, or other
regulation related to the siting or location of a solid waste
disposal facility adopted by a local government or other political
subdivision after the effective date of this Act. An order,
ordinance, or other regulation related to the siting or location of
a solid waste disposal facility adopted before the effective date
of this Act is governed by the law in effect on the date it was
adopted, and the former law is continued in effect for that purpose.
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, 2023.
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