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<br />- -, <br />. .~.. <br /> <br /> <br />~ .t- .~;'-..;.' <br />....t.: ~\ -. <br /> <br />. .... jl:~ " :E.> .,' ~': .' .'.. <br />:.. J A~.: ~.' '. . . <br /> <br />~>-.- f":_"(~h> 1211~ g 2 <br /> <br />.' . <br />'e"7 ,; :'~\ ; <br /> <br />. . <br />" ' . i . <br />.' . <br />, . ~:. . .," t; <br /> <br />:) ~<\' ::~) <br /> <br />e <br /> <br />75th LEGISLATURE-REGULAR SESSION <br /> <br />(!) the fixed term of ecu:h permit or other authorization. issued to 'the fcu:ility under this <br />chapter shall commence on the date physieal construCtion of the authorized waste <br />m,a.nagement faCility begins. <br />SECTION 3. Subchapter D, Chapter 27, Water Code, is amend~d by Mding Section <br />27.0515 to read as follows: .' : . <br />Sec. !7.0515. FACILITIES REQUIRED TO OBTAIN FEDERAL APPROVAL. For a <br />commercial hazanwus waste disposal weU fcu:ility originally permitted by the commiSsion <br />after June 7, 1991, and which is required to obtain from the United States 'Environmental <br />Protection Agency a variance from the federal land disposal restridibns before injecting <br />permitted hazardous wastes: . ,. ." <br />. . (1) a permit or other authorization is8tted to the facility under this cha,pte;. is not <br />. subject to canceUation, amendmen~ modification, T8vocdtion, Dr denictl of renewal because <br />the permit holder has not' commenced construction or opertiti01i of the facility; and <br />(!) the flXed term of ecu:h penj?,it aT other authorization isstied to t~ fcu:ility under this <br />chapter shall com1nence on the date phys'ical construction' 01 the authorized waste <br />management fcu:ility begin-,. <br />SECTION 4. (a) Sections ,361.116 and 36i.0895, Health and Safety Code, and Section <br />27.0515, Water Code, as added by this .Act, do not apply to any facUity that did not have an <br />original pennit applicatlon pending at the Texas NatUral Resource Conservation Commission <br />on June 7, 1991, nor to any facility that obtained a federal variance from the land disposal <br />restrictions prior to the effective date of this Act, <br />(b) Section 361.0895, Health and Safety Code, and Section 27.0515, Water Code, as added <br />by this Act, shall be. construed in a manner that promotes consistency with applicable federal <br />regulations and maintains federal program delegation and shall not be applied in circum- <br />stances that would result in the loss of federal program delegation. <br />SECTION 5. This Act takes effect September I, 1997. <br />SECTION 6. The importance of this legislation and the crowded condition of the <br />calendars in both houses create an emergency and an imperative public necessity that the <br />constitutional rule requiring bills to be read on three several days in each house be <br />suspended, and this rule is hereby suspended. <br />Passed the Senate on April 28, 1997: Yeas 31, Nays 0; the Senate concurred in House <br />amendments on May 27, 1997, by a viva-voce vot~; passed the House. with <br />amendments. on May 25, 1997, by a non-record vote. <br />Approved June 20, 1997. <br />Effective September 1, 1997.' <br /> <br />CHAPTER 1212 <br /> <br />S.B, No, 1937 <br /> <br />AN ACT <br />relating to the provision of telecommunications services within municipalities, <br /> <br />Be it enacted by th.e Legislature of the State of Texas: <br />SECTION 1. , Subtitle F, Title III, Public Utility Regulatory Act of 1995 (Article 1446c-O, <br />Vernon's TexaS Civil Statutes), is amended by adding, Section 3.270 to read as follows: <br />See. 3.!iO.' INTERIM COMMITTEE ON THE USE OF MUNICiPAL RIGHTS-OF- <br />WAY FOR THE PROVISION OF TELECOMMUNICATIONS SERVICES WHOLLY <br />WITHIN MUNICIPALITIES BY TELECOMMUNICATIONS UTILITIES. (aj It is the <br />policy of the State of Texas to encourage competition amon.g telecommunications utilities <br />providing telecommunications. smices wholly within municipalities in a competitively <br />netttra~ nondiscriminatory manner; to reduce the barners to entry for such telecomm1.lnica- <br />.tions utilities by eli'm,inating any conditions which prohibit or have the effect of prohibiting <br />'4660 <br />