By: Kamel H.B. No. 403
72S11877 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the repeal of certain fees imposed on used tires and
1-3 lead-acid batteries.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 361.013(a), Health and Safety Code, as
1-6 amended by Chapter 303, Acts of the 72nd Legislature, Regular
1-7 Session, 1991, is amended to read as follows:
1-8 (a) The <Except as provided by Subsection (e), the>
1-9 department shall charge a fee on solid waste that is disposed of
1-10 within this state. The fee is 50 cents per ton or 17 cents per
1-11 cubic yard of compacted solid waste and 10 cents per cubic yard of
1-12 uncompacted solid waste received for disposal at a landfill. The
1-13 department shall set the fee for sludge or similar waste applied to
1-14 the land for beneficial use on a dry weight basis and for solid
1-15 waste received at an incinerator or a shredding and composting
1-16 facility at half the fee set for solid waste received for disposal
1-17 at a landfill. The department may charge comparable fees for other
1-18 means of solid waste disposal that are used.
1-19 SECTION 2. Section 361.034(c), Health and Safety Code, as
1-20 added by Chapter 710, Acts of the 72nd Legislature, Regular
1-21 Session, 1991, is amended to read as follows:
1-22 (c) The report due January 1, 1993, shall also include <an
1-23 evaluation of fees on products authorized under Section 361.138.
1-24 This evaluation shall include> an assessment of the needs of the
2-1 state for the remediation of contaminated disposal sites identified
2-2 under Subchapter F, Chapter 361, Health and Safety Code, the
2-3 sources of contamination at these sites, and the revenues available
2-4 under existing authority to apply to remediation efforts. The
2-5 report shall include recommendations for <possible additions to
2-6 products subject to fees under Section 361.138 or> other revenue
2-7 measures which will adequately and equitably apportion the costs of
2-8 remediation of contaminated sites. In making this assessment
2-9 <evaluation>, the commission shall consult with members of the
2-10 regulated community, other businesses or industries subject to or
2-11 affected by potential recommendations, and environmental or other
2-12 public interest organizations.
2-13 SECTION 3. Sections 361.112(f), (k), and (l), Health and
2-14 Safety Code, as amended by Chapter 303, Acts of the 72nd
2-15 Legislature, Regular Session, 1991, are amended to read as follows:
2-16 (f) A person may not store more than 500 used or scrap tires
2-17 or dispose of any quantity of used or scrap tires unless the tires
2-18 are shredded, split, or quartered as provided by board of health
2-19 rule. The department may grant an exception to this requirement if
2-20 the department finds that circumstances warrant the exception.
2-21 <The prohibition provided by this subsection does not apply to a
2-22 person who, for eventual recycling, reuse, or energy recovery,
2-23 temporarily stores scrap tires in a designated recycling collection
2-24 area at a landfill permitted by the commission or the department or
2-25 licensed by a county or by a political subdivision exercising the
2-26 authority granted by Section 361.165.>
2-27 (k) <The department may not register or issue a permit to a
3-1 facility required by Section 361.479 to provide evidence of
3-2 financial responsibility unless the facility has complied with that
3-3 section.>
3-4 <(l)> In this section, "scrap tire" means a tire that can no
3-5 longer be used for its original intended purpose.
3-6 SECTION 4. Sections 361.133(b) and (e), Health and Safety
3-7 Code, as amended by Chapter 710, Acts of the 72nd Legislature,
3-8 Regular Session, 1991, are amended to read as follows:
3-9 (b) The fund consists of money collected by the commission
3-10 from:
3-11 (1) fees imposed on the owner or operator of an
3-12 industrial solid waste or hazardous waste facility for commercial
3-13 and noncommercial management or disposal of hazardous waste under
3-14 Section 361.136 <and fees imposed under Section 361.138>;
3-15 (2) interest and penalties imposed under Section
3-16 361.140 for late payment of a fee or late filing of a report;
3-17 (3) money paid by a person liable for facility cleanup
3-18 and maintenance under Section 361.197;
3-19 (4) the interest received from the investment of this
3-20 fund, in accounts under the charge of the treasurer, to be credited
3-21 pro rata to the hazardous and solid waste remediation fee fund; and
3-22 (5) monies transferred from other agencies under
3-23 provisions of this code or grants from any person made for the
3-24 purpose of remediation of facilities under this chapter.
3-25 (e) The commission shall monitor the unobligated balance in
3-26 the hazardous and solid waste remediation fee fund and all sources
3-27 of revenue to the fund and may adjust the amount of fees collected
4-1 under Subsection (d) of this section <and Section 361.138 of this
4-2 chapter>, within prescribed limits, to maintain an unobligated
4-3 balance of at least $5 million and no more than $25 million at the
4-4 end of each fiscal year.
4-5 SECTION 5. (a) Section 361.013(e), Health and Safety Code,
4-6 as added by Chapter 303, Acts of the 72nd Legislature, Regular
4-7 Session, 1991; Section 361.138, Health and Safety Code, as added by
4-8 Chapter 710, Acts of the 72nd Legislature, Regular Session, 1991;
4-9 Subchapter P, Chapter 361, Health and Safety Code, as added by
4-10 Chapter 303, Acts of the 72nd Legislature, Regular Session, 1991,
4-11 and amended by S.B. No. 2, Acts of the 72nd Legislature, 1st Called
4-12 Session, 1991; and Chapter 370, Acts of the 72nd Legislature,
4-13 Regular Session, 1991; are repealed effective on the later of
4-14 September 1, 1991, or the effective date of this Act.
4-15 (b) Sections 1.026, 1.0261, 1.0262, and 1.027, S.B. No. 2,
4-16 Acts of the 72nd Legislature, 1st Called Session, 1991, are
4-17 repealed effective on the later of September 1, 1991, or the
4-18 effective date of this Act.
4-19 SECTION 6. Sections 1, 2, 3, and 4 of this Act take effect
4-20 on the later of September 1, 1991, or the effective date of this
4-21 Act.
4-22 SECTION 7. The importance of this legislation and the
4-23 crowded condition of the calendars in both houses create an
4-24 emergency and an imperative public necessity that the
4-25 constitutional rule requiring bills to be read on three several
4-26 days in each house be suspended, and this rule is hereby suspended,
4-27 and that this Act take effect and be in force according to its
5-1 terms, and it is so enacted.