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A BILL TO BE ENTITLED
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AN ACT
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relating to a limitation on the expansion of certain landfills. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.1231 to read as follows: |
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Sec. 361.1231. LIMITATION ON EXPANSION OF CERTAIN |
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LANDFILLS. (a) This section applies only to a municipally owned |
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Type I municipal solid waste landfill that: |
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(1) is located wholly inside the boundaries of a |
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municipality; and |
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(2) is owned by a municipality other than the |
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municipality in which it is located. |
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(b) Notwithstanding any other provision of this subchapter, |
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the commission may not approve an application for the issuance, |
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amendment, or renewal of a permit that seeks to expand the area or |
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capacity of a landfill unless the governing body of the |
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municipality in which the landfill is located first approves by |
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resolution or order the issuance, amendment, or renewal of the |
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permit. |
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(c) The commission shall provide the members of the |
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legislature who represent the district containing the landfill |
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described in the permit with an opportunity to comment on the |
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application and shall consider those comments in evaluating an |
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application under this subchapter. |
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SECTION 2. The changes in law made by this Act apply only to |
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an application for the issuance, amendment, or renewal of a permit |
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pending before the Texas Commission on Environmental Quality on or |
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after the effective date of this Act. A permit issued, amended, or |
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renewed before the effective date of this Act is governed by the law |
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in effect when the permit was issued, amended, or renewed, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |