73R9752 E
By Saunders H.B. No. 2433
Substitute the following for H.B. No. 2433:
By Oakley C.S.H.B. No. 2433
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to equalizing the municipal solid waste disposal fee.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 361.013, Health and Safety Code, is
1-5 amended by amending Subsection (a) and adding Subsection (f) to
1-6 read as follows:
1-7 (a) Except as provided by Subsection (e), the department
1-8 shall charge a fee on solid waste that is disposed of within this
1-9 state. The fee is $1.25 <the greater of 50 cents> per ton received
1-10 for disposal at a landfill if the solid waste is measured by
1-11 weight. If the solid waste is measured by volume, the fee <or,>
1-12 for compacted solid waste is 40<, 50> cents per cubic yard or, for
1-13 uncompacted solid waste, 25 <10> cents per cubic yard received for
1-14 disposal at a landfill. The department shall set the fee for
1-15 sludge or similar waste applied to the land for beneficial use on a
1-16 dry weight basis and for solid waste received at an incinerator or
1-17 a shredding and composting facility at half the fee set for solid
1-18 waste received for disposal at a landfill. The department may
1-19 charge comparable fees for other means of solid waste disposal that
1-20 are used.
1-21 (f) The department may not charge a fee under Subsection (a)
1-22 for source separated yard waste materials that are composted at a
1-23 composting facility, including a composting facility located at a
2-1 permitted landfill site. The department shall credit any fee
2-2 payment due under Subsection (a) for any material received and
2-3 converted to compost or product for composting through a composting
2-4 process. Any compost or product for composting that is not used as
2-5 compost and is deposited in a landfill is not exempt from the fee.
2-6 SECTION 2. This Act does not affect the transfer of powers,
2-7 duties, rights, and obligations made by Chapter 3, Acts of the 72nd
2-8 Legislature, 1st Called Session, 1991.
2-9 SECTION 3. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended,
2-14 and that this Act take effect and be in force from and after its
2-15 passage, and it is so enacted.