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                                                                  H.B. No. 1053




AN ACT

relating to the location of certain municipal solid waste 
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 361.123 to read as follows:
	Sec. 361.123.  LIMITATION ON LOCATION OF MUNICIPAL SOLID 
WASTE LANDFILLS.  (a)  This section applies to an application for a 
permit for a new Type I or new Type IV municipal solid waste 
landfill or for a permit or permit amendment authorizing the 
conversion of a Type IV municipal solid waste landfill to a Type I 
municipal solid waste landfill only if the landfill or proposed 
site for the new landfill is located in a county that is adjacent to 
a county with a population of more than 3.3 million and inside the 
boundaries of a national forest, as designated by the United States 
Forest Service, on public or private land.
	(b)  The commission may not issue a permit for a new Type I or 
new Type IV municipal solid waste landfill to be located as 
described by Subsection (a).
	(c)  The commission may not issue a permit or permit 
amendment authorizing the conversion of a Type IV municipal solid 
waste landfill located as described by Subsection (a) to a Type I 
municipal solid waste landfill.
	(d)  This section does not apply to an application for a 
permit or permit amendment authorizing an areal expansion of an 
existing Type I municipal solid waste landfill.
	SECTION 2.  Section 361.123, Health and Safety Code, as 
added by this Act, applies only to the issuance of a permit for a new 
municipal solid waste landfill or of a permit or permit amendment 
authorizing the conversion of a Type IV municipal solid waste 
landfill to a Type I municipal solid waste landfill, the 
application for which is received by the Texas Commission on 
Environmental Quality 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, 2005.




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 1053 was passed by the House on May 
13, 2005, by a non-record vote; and that the House concurred in 
Senate amendments to H.B. No. 1053 on May 26, 2005, by the following 
vote:  Yeas 139, Nays O, 2 present, not voting.

                                                  ______________________________
                                                     Chief Clerk of the House   

	
I certify that H.B. No. 1053 was passed by the Senate, with 
amendments, on May 24, 2005, by the following vote:  Yeas 30, Nays 
1.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor