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.