By Saunders                                           H.B. No. 2433
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to municipal solid waste disposal fees and local
    1-3  environmental protection fees for disposal services.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 361.013, Health and Safety Code, is
    1-6  amended by amending Subsection (a) and adding Subsections (f) and
    1-7  (g) to read as follows:
    1-8        (a)  Except as provided by Subsection (e), the department
    1-9  shall charge a fee on solid waste that is disposed of within this
   1-10  state.  The fee is $1.25 <the greater of 50 cents> per ton received
   1-11  for disposal at a landfill if the solid waste is measured by
   1-12  weight.  If the solid waste is measured by volume, the fee <or,>
   1-13  for compacted solid waste is 40<, 50> cents per cubic yard or, for
   1-14  uncompacted solid waste, 25 <10> cents per cubic yard received for
   1-15  disposal at a landfill.  The department shall set the fee for
   1-16  sludge or similar waste applied to the land for beneficial use on a
   1-17  dry weight basis and for solid waste received at an incinerator or
   1-18  a shredding and composting facility at half the fee set for solid
   1-19  waste received for disposal at a landfill.  The department may
   1-20  charge comparable fees for other means of solid waste disposal that
   1-21  are used.
   1-22        (f)  The department may not charge a fee under Subsection (a)
   1-23  for source separated yard waste materials that are composted at a
    2-1  composting facility, including a composting facility located at a
    2-2  permitted landfill site.  The department shall credit any fee
    2-3  payment due under Subsection (a) for any material received and
    2-4  converted to compost or product for composting through a composting
    2-5  process.  Any compost or product for composting that is not used as
    2-6  compost and is deposited in a landfill is not exempt from the fee.
    2-7        (g)  The department shall allow a home-rule municipality that
    2-8  has enacted an ordinance imposing a local environmental protection
    2-9  fee for disposal services as of January 1, 1993, to offer disposal
   2-10  or environmental programs or services to persons within its
   2-11  jurisdiction, from the revenues generated by said fee, as such
   2-12  services are required by state or federal mandates.  If such
   2-13  services or programs are offered, the home-rule municipality may
   2-14  require the use by those persons within its jurisdiction.
   2-15        SECTION 2.  This Act does not affect the transfer of powers,
   2-16  duties, rights, and obligations made by Chapter 3, Acts of the 72nd
   2-17  Legislature, 1st Called Session, 1991.
   2-18        SECTION 3.  The importance of this legislation and the
   2-19  crowded condition of the calendars in both houses create an
   2-20  emergency and an imperative public necessity that the
   2-21  constitutional rule requiring bills to be read on three several
   2-22  days in each house be suspended, and this rule is hereby suspended,
   2-23  and that this Act take effect and be in force from and after its
   2-24  passage, and it is so enacted.