| 1 | 1 | | 88R3387 ANG-F |
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| 2 | 2 | | By: Ashby H.B. No. 3309 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a prohibition on the issuance by the Railroad |
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| 8 | 8 | | Commission of Texas of a permit for certain commercial surface |
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| 9 | 9 | | disposal facilities. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter D, Chapter 91, Natural Resources |
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| 12 | 12 | | Code, is amended by adding Section 91.118 to read as follows: |
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| 13 | 13 | | Sec. 91.118. PROHIBITION ON PERMIT FOR COMMERCIAL SURFACE |
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| 14 | 14 | | DISPOSAL FACILITY IF ALTERNATIVE EXISTS. (a) In this section, |
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| 15 | 15 | | "commercial surface disposal facility" has the meaning assigned by |
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| 16 | 16 | | Section 91.116. |
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| 17 | 17 | | (b) The commission may not approve an application for a |
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| 18 | 18 | | permit for a commercial surface disposal facility unless the |
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| 19 | 19 | | commission determines the facility is necessary after considering |
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| 20 | 20 | | whether a practical, economic, and feasible alternative to the |
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| 21 | 21 | | facility exists that is reasonably available to provide disposal of |
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| 22 | 22 | | the types of fluids and waste for which the permit is sought. |
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| 23 | 23 | | SECTION 2. The change in law made by this Act applies only |
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| 24 | 24 | | to an application for a permit that is filed with the Railroad |
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| 25 | 25 | | Commission of Texas on or after the effective date of this Act. An |
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| 26 | 26 | | application for a permit filed before the effective date of this Act |
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| 27 | 27 | | is governed by the law in effect on the date of filing, and that law |
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| 28 | 28 | | is continued in effect for that purpose. |
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| 29 | 29 | | SECTION 3. This Act takes effect September 1, 2023. |
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