By Saunders 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 to read as follows:
1-6 Sec. 361.013. Solid Waste Disposal and Transportation Fees.
1-7 (a) Except as provided by Subsection (e), the department shall
1-8 charge a fee on solid waste that is disposed of within this state.
1-9 The fee is $1.50 <the greater of 50 cents> per ton if measured by
1-10 weight or if measured by volume is, for compacted solid waste, 50
1-11 cents per cubic yard or, for uncompacted solid waste, 30 <10> cents
1-12 per cubic yard received for disposal at a landfill. The department
1-13 shall set the fee for sludge or similar waste applied to the land
1-14 for beneficial use on a dry weight basis and for solid waste
1-15 received at an incinerator or a shredding and composting facility
1-16 at half the fee set for solid waste received for disposal at a
1-17 landfill. The department may charge comparable fees for other
1-18 means of solid waste disposal that are used.
1-19 (b) The department may raise or lower the fees established
1-20 under Subsection (a) in accordance with department spending levels
1-21 established by the legislature.
1-22 (c) The department shall charge an annual registration fee
1-23 to a transporter of solid waste who is required to register with
2-1 the department under rules adopted by the board of health. The
2-2 board of health by rule shall adopt a fee schedule. The fee shall
2-3 be reasonably related to the volume, the type, or both the volume
2-4 and type of waste transported. The registration fee charged under
2-5 this subsection may not be less than $25 or more than $500.
2-6 (d) The operator of each municipal solid waste facility
2-7 shall maintain records and report to the department annually on the
2-8 amount of solid waste that the facility transfers, processes,
2-9 stores, treats, or disposes of. Each transporter required to
2-10 register with the department shall maintain records and report to
2-11 the department annually on the amount of solid waste that the
2-12 transporter transports. The board of health by rule shall
2-13 establish procedures for recordkeeping and reporting required under
2-14 this subsection.
2-15 (e) The department may not charge a fee under Subsection (a)
2-16 for scrap tires that are deposited in a designated recycling
2-17 collection area at a landfill permitted by the commission or the
2-18 department or licensed by a county or by a political subdivision
2-19 exercising the authority granted by Section 361.165 and that are
2-20 temporarily stored for eventual recycling, reuse, or energy
2-21 recovery.
2-22 SECTION 2. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended,
3-2 and that this Act take effect and be in force from and after its
3-3 passage, and it is so enacted.