Bill Text: TX HB281 | 2015-2016 | 84th Legislature | Enrolled


Bill Title: Relating to a limitation on the expansion of certain landfills.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Enrolled - Dead) 2015-06-18 - Effective immediately [HB281 Detail]

Download: Texas-2015-HB281-Enrolled.html
 
 
  H.B. No. 281
 
 
 
 
AN ACT
  relating to a limitation on the expansion of certain landfills.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 361, Health and Safety
  Code, is amended by adding Section 361.1231 to read as follows:
         Sec. 361.1231.  LIMITATION ON EXPANSION OF CERTAIN
  LANDFILLS. (a) This section applies only to a municipally owned
  Type I municipal solid waste landfill permitted by the state before
  1980 that:
               (1)  is located wholly inside the boundaries of a
  municipality; and
               (2)  is owned by a municipality other than the
  municipality in which it is located.
         (b)  Notwithstanding any other provision of this subchapter,
  the commission may not approve an application for the issuance,
  amendment, or renewal of a permit that seeks to expand the area or
  capacity of a landfill unless the governing body of the
  municipality in which the landfill is located first approves by
  resolution or order the issuance, amendment, or renewal of the
  permit.
         (c)  The commission shall provide the members of the
  legislature who represent the district containing the landfill
  described in the permit with an opportunity to comment on the
  application and shall consider those comments in evaluating an
  application under this subchapter.
         SECTION 2.  The changes in law made by this Act apply only to
  an application for the issuance, amendment, or renewal of a permit
  pending before the Texas Commission on Environmental Quality on or
  after the effective date of this Act. A permit issued, amended, or
  renewed before the effective date of this Act is governed by the law
  in effect when the permit was issued, amended, or renewed, 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, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 281 was passed by the House on May 11,
  2015, by the following vote:  Yeas 109, Nays 25, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 281 on May 28, 2015, by the following vote:  Yeas 135, Nays 8, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 281 was passed by the Senate, with
  amendments, on May 26, 2015, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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