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.