Bill Text: TX HB1598 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to local government and other political subdivision regulation of certain solid waste facilities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-18 - Effective immediately [HB1598 Detail]
Download: Texas-2023-HB1598-Enrolled.html
H.B. No. 1598 |
|
||
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 [ |
||
WASTE MANAGEMENT AND MUNICIPAL SOLID WASTE FACILITIES [ |
||
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) [ |
||
(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, [ |
||
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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1598 was passed by the House on April | ||
26, 2023, by the following vote: Yeas 124, Nays 23, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1598 was passed by the Senate on May | ||
24, 2023, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |