88R3387 ANG-F     By: Nichols S.B. No. 1428       A BILL TO BE ENTITLED   AN ACT   relating to a prohibition on the issuance by the Railroad   Commission of Texas of a permit for certain commercial surface   disposal facilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter D, Chapter 91, Natural Resources   Code, is amended by adding Section 91.118 to read as follows:          Sec. 91.118.  PROHIBITION ON PERMIT FOR COMMERCIAL SURFACE   DISPOSAL FACILITY IF ALTERNATIVE EXISTS. (a) In this section,   "commercial surface disposal facility" has the meaning assigned by   Section 91.116.          (b)  The commission may not approve an application for a   permit for a commercial surface disposal facility unless the   commission determines the facility is necessary after considering   whether a practical, economic, and feasible alternative to the   facility exists that is reasonably available to provide disposal of   the types of fluids and waste for which the permit is sought.          SECTION 2.  The change in law made by this Act applies only   to an application for a permit that is filed with the Railroad   Commission of Texas on or after the effective date of this Act. An   application for a permit filed before the effective date of this Act   is governed by the law in effect on the date of filing, and that law   is continued in effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2023.