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AN ACT
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relating to the disposal of demolition waste from abandoned or |
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nuisance buildings in certain areas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.126 to read as follows: |
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Sec. 361.126. DISPOSAL OF DEMOLITION WASTE FROM ABANDONED |
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OR NUISANCE BUILDING. (a) This section applies only to a building |
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that has been: |
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(1) abandoned or found to be a nuisance; |
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(2) acquired by the county or municipality by means |
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of: |
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(A) bankruptcy; |
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(B) tax delinquency; or |
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(C) condemnation; and |
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(3) previously owned by a person not financially |
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capable of paying the costs of the disposal of demolition waste at a |
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permitted solid waste disposal facility, including transportation |
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of the waste to the facility. |
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(b) The commission may issue a permit by rule to authorize |
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the governing body of a county or municipality with a population of |
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10,000 or less to dispose of demolition waste from a building if the |
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disposal occurs on land that: |
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(1) the county or municipality owns or controls; and |
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(2) would qualify for an arid exemption under |
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commission rules. |
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(c) The commission shall adopt rules under Section 361.024 |
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to control the collection, handling, storage, processing, and |
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disposal of demolition waste under this section to protect public |
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and private property, rights-of-way, groundwater, and any other |
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right that requires protection. |
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SECTION 2. 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, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1258 passed the Senate on |
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April 19, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1258 passed the House on |
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May 3, 2011, by the following vote: Yeas 144, Nays 0, one present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |