1-1 By: Saunders (Senate Sponsor - Parker) H.B. No. 2433
1-2 (In the Senate - Received from the House May 13, 1993;
1-3 May 14, 1993, read first time and referred to Committee on Natural
1-4 Resources; May 25, 1993, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 25, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to municipal solid waste disposal fees and local
1-22 environmental protection fees for disposal services.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Section 361.013, Health and Safety Code, is
1-25 amended by amending Subsection (a) and adding Subsections (f) and
1-26 (g) to read as follows:
1-27 (a) Except as provided by Subsection (e), the department
1-28 shall charge a fee on solid waste that is disposed of within this
1-29 state. The fee is $1.25 <the greater of 50 cents> per ton received
1-30 for disposal at a landfill if the solid waste is measured by
1-31 weight. If the solid waste is measured by volume, the fee <or,>
1-32 for compacted solid waste is 40<, 50> cents per cubic yard or, for
1-33 uncompacted solid waste, 25 <10> cents per cubic yard received for
1-34 disposal at a landfill. The department shall set the fee for
1-35 sludge or similar waste applied to the land for beneficial use on a
1-36 dry weight basis and for solid waste received at an incinerator or
1-37 a shredding and composting facility at half the fee set for solid
1-38 waste received for disposal at a landfill. The department may
1-39 charge comparable fees for other means of solid waste disposal that
1-40 are used.
1-41 (f) The department may not charge a fee under Subsection (a)
1-42 for source separated yard waste materials that are composted at a
1-43 composting facility, including a composting facility located at a
1-44 permitted landfill site. The department shall credit any fee
1-45 payment due under Subsection (a) for any material received and
1-46 converted to compost or product for composting through a composting
1-47 process. Any compost or product for composting that is not used as
1-48 compost and is deposited in a landfill is not exempt from the fee.
1-49 (g) The department shall allow a home-rule municipality that
1-50 has enacted an ordinance imposing a local environmental protection
1-51 fee for disposal services as of January 1, 1993, to offer disposal
1-52 or environmental programs or services to persons within its
1-53 jurisdiction, from the revenues generated by said fee, as such
1-54 services are required by state or federal mandates. If such
1-55 services or programs are offered, the home-rule municipality may
1-56 require the use by those persons within its jurisdiction.
1-57 SECTION 2. This Act does not affect the transfer of powers,
1-58 duties, rights, and obligations made by Chapter 3, Acts of the 72nd
1-59 Legislature, 1st Called Session, 1991.
1-60 SECTION 3. The importance of this legislation and the
1-61 crowded condition of the calendars in both houses create an
1-62 emergency and an imperative public necessity that the
1-63 constitutional rule requiring bills to be read on three several
1-64 days in each house be suspended, and this rule is hereby suspended,
1-65 and that this Act take effect and be in force from and after its
1-66 passage, and it is so enacted.
1-67 * * * * *
1-68 Austin,
2-1 Texas
2-2 May 25, 1993
2-3 Hon. Bob Bullock
2-4 President of the Senate
2-5 Sir:
2-6 We, your Committee on Natural Resources to which was referred H.B.
2-7 No. 2433, have had the same under consideration, and I am
2-8 instructed to report it back to the Senate with the recommendation
2-9 that it do pass and be printed.
2-10 Sims,
2-11 Chairman
2-12 * * * * *
2-13 WITNESSES
2-14 FOR AGAINST ON
2-15 ___________________________________________________________________
2-16 Name: Joe Paniagua x
2-17 Representing: City of Ft. Worth
2-18 City: Ft. Worth
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