Office of House Bill AnalysisS.B. 1447
By: Barrientos
Environmental Regulation


Currently, under Texas law, Councils of Government (councils) are required
to conduct inventories of the location of landfills within their
jurisdiction, located prior to state licensure of landfills, and to record
the location on deed records with the county clerk, however, an exact
survey of the landfill boundaries is often impossible because the landfills
have been closed for some years, and the land over the landfills had been
subdivided, subjecting the councils to liability for incorrectly
identifying property as being located over a landfill.  S.B. 1447 requires
that notice to a landowner and a deed record identifying a former landfill
are required only when the boundaries of a landfill are known, and maps be
provided approximating the location of former landfills to county clerks,
as well as municipal and county planning officials.  


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 1.  Amends Section 363.064, Health and Safety Code, as follows:

(a)  Include the exact boundaries, rather than location, of each former
landfill unit, or, if the exact boundaries are not known, the best
approximation of each unit's boundaries and a map showing the approximate
boundaries of each former landfill unit, if the exact boundaries are
unknown, among that data required to be included in a regional or local
solid waste management plan.  Makes conforming changes. 

(b)  Requires the council of governments (council) for an area in which a
former landfill unit is located to notify the owner of the land that
overlays the former landfill unit of the former use of the land and to
notify the county clerk of the county or counties in which the former
landfill unit is located, if the boundaries of a municipal solid waste unit
that is no longer operating are known to be wholly on an identifiable
tract.  Deletes the qualification that the landfill unit is within the
council's jurisdiction.  Makes the notice requirements of this subsection
inapplicable if the exact boundaries of a former landfill are unknown.
Makes conforming and nonsubstantive changes. 

(c)  Requires a county clerk to record on the deed records of land formerly
used as a municipal solid waste landfill a description of the exact
boundaries of the former landfill unit, or, if the boundaries are unknown,
the best approximation of each unit's boundaries, together with a legal
description of the parcel or parcels of land in which the former landfill
unit it located.  Requires the clerk to make the records available for
public inspection.  Makes a nonsubstantive change. 

(d)  Redesignated from existing Subsection (c).  Makes no change.

(e) Redesignated from existing Subsection (d).  Requires each council to
provide a copy of the inventory of municipal solid waste landfill units to
the Texas Natural Resource Conservation Commission (TNRCC) and to the chief
planning official of each municipality  and county in which a landfill is
located.  Requires TNRCC and the county to make the inventory available for
public inspection. 

(f)  Redesignated from existing Subsection (e).  Makes no change.

SECTION 2.  Effective date:  September 1, 1999.

SECTION 3.  Emergency clause.