Bill Text: TX SB2161 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the approval or disapproval by county referendum of an application for a permit for a commercial surface disposal facility.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-29 - Referred to Natural Resources & Economic Development [SB2161 Detail]
Download: Texas-2017-SB2161-Introduced.html
| 85R13069 JXC-D | ||
| By: Zaffirini | S.B. No. 2161 | |
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| relating to the approval or disapproval by county referendum of an | ||
| application for a permit for a commercial surface disposal | ||
| facility. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter D, Chapter 91, Natural Resources | ||
| Code, is amended by adding Section 91.118 to read as follows: | ||
| Sec. 91.118. COUNTY REFERENDUM ON COMMERCIAL SURFACE | ||
| DISPOSAL FACILITY. (a) In this section, "commercial surface | ||
| disposal facility" has the meaning assigned by Section 91.116. | ||
| (b) The commission may not approve an application for a | ||
| permit for a commercial surface disposal facility if an election is | ||
| held on the application under this section in the county in which | ||
| the facility is proposed to be located while the application is | ||
| pending and the application is not approved at the election. | ||
| (c) If a number of qualified voters equal to 10 percent or | ||
| more of the voters of the county who voted for governor in the last | ||
| preceding gubernatorial election sign and present to the | ||
| commissioners court a petition calling for an election on an | ||
| application for a permit for a commercial surface disposal facility | ||
| proposed to be located in the county, the commissioners court shall | ||
| order an election on the proposition and notify the commission of | ||
| the election. | ||
| (d) If the commission receives notice under Subsection (c) | ||
| of an election to be held on an application for a permit, the | ||
| commission may not approve the application before the election | ||
| result is declared. | ||
| (e) The election order must be signed by the county judge. | ||
| Copies of the order shall be posted at the door of the county | ||
| courthouse and at all post offices in the county. | ||
| (f) The election shall be held after the 45th day and on or | ||
| before the 90th day after the date the election is ordered. | ||
| (g) Section 41.001(a), Election Code, does not apply to an | ||
| election ordered under this section. | ||
| (h) An election held under this section may include | ||
| propositions for the approval of applications for permits for more | ||
| than one commercial surface disposal facility. | ||
| (i) The ballot in an election held under this section shall | ||
| be printed to permit voting for or against the proposition: | ||
| "Approval of an application submitted by (name of applicant) for a | ||
| permit for a commercial surface disposal facility to be operated at | ||
| (proposed location of facility)." | ||
| (j) The election officers shall certify to the | ||
| commissioners court the number of votes cast for or against each | ||
| proposition in the election. | ||
| (k) The commissioners court shall declare the result and | ||
| notify the commission of the result. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to an application for a permit that is pending before the Railroad | ||
| Commission of Texas on or after the effective date of this Act. | ||
| 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, 2017. | ||
