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A BILL TO BE ENTITLED
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AN ACT
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relating to the approval or disapproval by county referendum of an |
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application for a permit for a commercial surface disposal |
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facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 91, Natural Resources |
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Code, is amended by adding Section 91.118 to read as follows: |
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Sec. 91.118. COUNTY REFERENDUM ON COMMERCIAL SURFACE |
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DISPOSAL FACILITY. (a) In this section, "commercial surface |
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disposal facility" has the meaning assigned by Section 91.116. |
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(b) The commission may not approve an application for a |
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permit for a commercial surface disposal facility if an election is |
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held on the application under this section in the county in which |
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the facility is proposed to be located while the application is |
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pending and the application is not approved at the election. |
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(c) If a number of qualified voters equal to 10 percent or |
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more of the voters of the county who voted for governor in the last |
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preceding gubernatorial election sign and present to the |
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commissioners court a petition calling for an election on an |
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application for a permit for a commercial surface disposal facility |
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proposed to be located in the county, the commissioners court shall |
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order an election on the proposition and notify the commission of |
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the election. |
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(d) If the commission receives notice under Subsection (c) |
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of an election to be held on an application for a permit, the |
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commission may not approve the application before the election |
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result is declared. |
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(e) The election order must be signed by the county judge. |
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Copies of the order shall be posted at the door of the county |
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courthouse and at all post offices in the county. |
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(f) The election shall be held after the 45th day and on or |
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before the 90th day after the date the election is ordered. |
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(g) Section 41.001(a), Election Code, does not apply to an |
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election ordered under this section. |
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(h) An election held under this section may include |
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propositions for the approval of applications for permits for more |
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than one commercial surface disposal facility. |
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(i) The ballot in an election held under this section shall |
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be printed to permit voting for or against the proposition: |
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"Approval of an application submitted by (name of applicant) for a |
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permit for a commercial surface disposal facility to be operated at |
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(proposed location of facility)." |
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(j) The election officers shall certify to the |
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commissioners court the number of votes cast for or against each |
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proposition in the election. |
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(k) The commissioners court shall declare the result and |
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notify the commission of the result. |
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SECTION 2. The change in law made by this Act applies only |
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to an application for a permit that is pending before the Railroad |
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Commission of Texas on or after the effective date of this Act. |
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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, 2017. |