85R13069 JXC-D     By: Zaffirini S.B. No. 2161       A BILL TO BE ENTITLED   AN ACT   relating to the approval or disapproval by county referendum of an   application for a permit for a commercial surface disposal   facility.          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.  COUNTY REFERENDUM ON COMMERCIAL SURFACE   DISPOSAL FACILITY. (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 if an election is   held on the application under this section in the county in which   the facility is proposed to be located while the application is   pending and the application is not approved at the election.          (c)  If a number of qualified voters equal to 10 percent or   more of the voters of the county who voted for governor in the last   preceding gubernatorial election sign and present to the   commissioners court a petition calling for an election on an   application for a permit for a commercial surface disposal facility   proposed to be located in the county, the commissioners court shall   order an election on the proposition and notify the commission of   the election.          (d)  If the commission receives notice under Subsection (c)   of an election to be held on an application for a permit, the   commission may not approve the application before the election   result is declared.          (e)  The election order must be signed by the county judge.   Copies of the order shall be posted at the door of the county   courthouse and at all post offices in the county.          (f)  The election shall be held after the 45th day and on or   before the 90th day after the date the election is ordered.          (g)  Section 41.001(a), Election Code, does not apply to an   election ordered under this section.          (h)  An election held under this section may include   propositions for the approval of applications for permits for more   than one commercial surface disposal facility.           (i)  The ballot in an election held under this section shall   be printed to permit voting for or against the proposition:   "Approval of an application submitted by (name of applicant) for a   permit for a commercial surface disposal facility to be operated at   (proposed location of facility)."          (j)  The election officers shall certify to the   commissioners court the number of votes cast for or against each   proposition in the election.           (k)  The commissioners court shall declare the result and   notify the commission of the result.          SECTION 2.  The change in law made by this Act applies only   to an application for a permit that is pending before the Railroad   Commission of Texas on or after the effective date of this Act.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.