Texas 2023 - 88th Regular

Texas House Bill HB1598 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1598
2	2
3	3
4	4	AN ACT
5	5	relating to local government and other political subdivision
6	6	regulation of certain solid waste facilities.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 361.095, Health and Safety Code, is
9	9	amended to read as follows:
10	10	Sec. 361.095. LOCAL PERMITS FOR [APPLICANT FOR] HAZARDOUS
11	11	WASTE MANAGEMENT AND MUNICIPAL SOLID WASTE FACILITIES [FACILITY
12	12	PERMIT EXEMPT FROM LOCAL PERMIT]. (a) An applicant for a permit
13	13	under this subchapter is not:
14	14	(1) required to obtain a permit for the siting,
15	15	construction, or operation of a hazardous waste management facility
16	16	from a local government or other political subdivision of the
17	17	state; or
18	18	(2) required to obtain a permit for the siting,
19	19	construction, or operation of a municipal solid waste facility from
20	20	a local government or other political subdivision of the state as a
21	21	prerequisite to a permit being issued by the commission.
22	22	(b) A local government or other political subdivision of the
23	23	state may not adopt a rule, order, or ordinance that conflicts with
24	24	or is inconsistent with:
25	25	(1) the requirements for hazardous waste management or
26	26	municipal solid waste facilities as specified by:
27	27	(A) the rules of the commission; or
28	28	(B) [by] a permit issued by the commission; or
29	29	(2) the requirements for municipal solid waste
30	30	facilities under Section 361.011.
31	31	(c) In an action to enforce a rule, order, or ordinance of a
32	32	local government or other political subdivision, the burden is on
33	33	the facility owner or operator or on the applicant to demonstrate
34	34	conflict or inconsistency with state requirements.
35	35	(d) The validity or applicability of a rule, order, or
36	36	ordinance of a local government or other political subdivision may
37	37	be determined in an action for declaratory judgment under Chapter
38	38	37, Civil Practice and Remedies Code, if it is alleged that the
39	39	rule, order, or ordinance, or its threatened application,
40	40	interferes with, [or] impairs, or threatens to interfere with or
41	41	impair, the legal rights or privileges of the plaintiff concerning
42	42	an issued permit, an application for a permit, or the issuance of a
43	43	permit for the siting, construction, or operation of a hazardous
44	44	waste management or municipal solid waste facility.
45	45	(e) The local government or other political subdivision
46	46	whose rule, order, or ordinance is being questioned shall be made a
47	47	party to the action. The commission shall be given written notice
48	48	by certified mail of the pendency of the action, and the commission
49	49	may become a party to the action.
50	50	(f) A declaratory judgment may be rendered even if the
51	51	plaintiff has requested the commission, the local government or
52	52	political subdivision, or another court to determine the validity
53	53	or applicability of the rule, order, or ordinance in question.
54	54	(g) This section may not be construed to prevent or limit
55	55	the right of:
56	56	(1) a county or municipality to exercise the authority
57	57	granted under Section 363.112 to prohibit the processing or
58	58	disposal of municipal solid waste;
59	59	(2) a county to exercise the authority granted under
60	60	Section 364.012 to prohibit the disposal of municipal solid waste;
61	61	or
62	62	(3) a local government or other political subdivision
63	63	to adopt or enforce a rule, order, or ordinance under the authority
64	64	of the National Flood Insurance Program governing permits or other
65	65	approvals for the development of land in areas prone to floods or
66	66	mudslides.
67	67	SECTION 2. Section 361.095, Health and Safety Code, as
68	68	amended by this Act, applies only to an order, ordinance, or other
69	69	regulation related to the siting or location of a solid waste
70	70	disposal facility adopted by a local government or other political
71	71	subdivision after the effective date of this Act. An order,
72	72	ordinance, or other regulation related to the siting or location of
73	73	a solid waste disposal facility adopted before the effective date
74	74	of this Act is governed by the law in effect on the date it was
75	75	adopted, and the former law is continued in effect for that purpose.
76	76	SECTION 3. This Act takes effect immediately if it receives
77	77	a vote of two-thirds of all the members elected to each house, as
78	78	provided by Section 39, Article III, Texas Constitution. If this
79	79	Act does not receive the vote necessary for immediate effect, this
80	80	Act takes effect September 1, 2023.
81	81	______________________________ ______________________________
82	82	President of the Senate Speaker of the House
83	83	I certify that H.B. No. 1598 was passed by the House on April
84	84	26, 2023, by the following vote: Yeas 124, Nays 23, 1 present, not
85	85	voting.
86	86	______________________________
87	87	Chief Clerk of the House
88	88	I certify that H.B. No. 1598 was passed by the Senate on May
89	89	24, 2023, by the following vote: Yeas 30, Nays 1.
90	90	______________________________
91	91	Secretary of the Senate
92	92	APPROVED: _____________________
93	93	Date
94	94	_____________________
95	95	Governor