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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