Bill Text: TX HB631 | 2021-2022 | 87th Legislature | Comm Sub

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Bill Title: Relating to local government and other political subdivision regulation of certain solid waste facilities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-05-13 - Placed on General State Calendar [HB631 Detail]

Download: Texas-2021-HB631-Comm_Sub.html

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87R18514 MP-F
By: Darby H.B. No. 631
Substitute the following for H.B. No. 631:
By: Kuempel C.S.H.B. No. 631

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. The heading to 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].
SECTION 2. Section 361.095, Health and Safety Code, is
amended by adding Subsections (a-1) and (g) and amending
Subsections (b), (c), and (d) to read as follows:
(a-1) An applicant for a permit under this subchapter is not
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.
(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 3. This Act takes effect September 1, 2021.