Texas Health and Safety Code - HEALTH & SAFETY § 361.095. Local Permits for Hazardous Waste Management and Municipal Solid Waste Facilities

(a) An applicant for a permit under this subchapter is not:

(b) A local government or other political subdivision of the state may not adopt a rule, order, or ordinance that conflicts with or is inconsistent with:

(c) In an action to enforce a rule, order, or ordinance of a local government or other political subdivision, the burden is on the facility owner or operator or on the applicant to demonstrate conflict or inconsistency with state requirements.

(d) The validity or applicability of a rule, order, or ordinance of a local government or other political subdivision may be determined in an action for declaratory judgment under Chapter 37, Civil Practice and Remedies Code, if it is alleged that the rule, order, or ordinance, or its threatened application, interferes with, impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff concerning an issued permit, an application for a permit, or the issuance of a permit for the siting, construction, or operation of a hazardous waste management or municipal solid waste facility.

(e) The local government or other political subdivision whose rule, order, or ordinance is being questioned shall be made a party to the action. The commission shall be given written notice by certified mail of the pendency of the action, and the commission may become a party to the action.

(f) A declaratory judgment may be rendered even if the plaintiff has requested the commission, the local government or political subdivision, or another court to determine the validity or applicability of the rule, order, or ordinance in question.

(g) This section may not be construed to prevent or limit the right of: