HBA-KMH H.B. 1727 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1727 By: Zbranek Environmental Regulation 4/11/1999 Introduced BACKGROUND AND PURPOSE Currently, there is conflicting language in the Health and Safety Code with respect to which governmental entity has authority over siting of solid waste facilities. For example, Section 361.162(a) provides that counties cannot designate suitable landfill areas within a municipality's extraterritorial jurisdiction (ETJ). However, Section 363.112 allows both the city and the county to prohibit processing or disposal of solid waste in certain areas but makes no reference to ETJ. This issue was addressed by the Senate Interim Committee on Natural Resources which acknowledged that "[w]hen all of the statutes dealing with the ability of local governments to enact ordinances to designate landfill and non-landfill areas are taken collectively, it is unclear as to whether counties or municipalities are ultimately responsible for the territory in the municipality's ETJ." The committee report conceded that "clarification is needed concerning whether counties or municipalities may prohibit the location of landfill sites within a municipality's ETJ." H.B. 1727 clarifies that the county is the local governmental entity with landfill siting authority in a municipality's ETJ. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 361.152, Health and Safety Code, to make nonsubstantive changes. SECTION 2. Amends Section 361.154(a), Health and Safety Code, by limiting the authorization given to a county to require and issue licenses under this section to facilities outside the territorial limits of a municipality. SECTION 3. Amends Section 361.162(a), Health and Safety Code, by limiting the authorization given to a county to designate land areas only outside the territorial limits of a municipality as suitable for use as solid waste facilities. SECTION 4. Amends Section 361.165, Health and Safety Code, by adding Subsection (e), as follows: (e) Provides that this section does not permit a municipality to restrict the siting of a solid waste disposal facility in the municipality's extraterritorial jurisdiction, notwithstanding Subsection (b). (Subsection (b) provides that the governing body of the political subdivision may, by resolution, assume for the political subdivision the exclusive authority to exercise, in the area subject to its jurisdiction, the powers granted by this chapter to a county, to the exclusion of the exercise of the same powers by the counties otherwise having jurisdiction over the area.) Subjects this section to the provisions of Section 361.166, Health and Safety Code. SECTION 5. Amends Section 361.166, Health and Safety Code, to prohibit a municipality from abolishing, restricting the use or operation of, or prohibiting the location of a solid waste facility in its extraterritorial jurisdiction unless the governing body of the county in which the facility is located by resolution consents to the municipality's action. Makes conforming and nonsubstantive changes. SECTION 6. Amends Section 364.011(a), Health and Safety Code, to make conforming and nonsubstantive changes. SECTION 7. Amends Sections 364.012(a) and (b), Health and Safety Code, as follows: (a) Authorizes a county to act under this section only by order or ordinance. Makes conforming and nonsubstantive changes. (b) Provides that this subsection does not supercede Section 363.063 (Local Solid Waste Management Plan). Makes conforming and nonsubstantive changes. SECTION 8. Emergency clause. Effective date: upon passage.