By:  Parker                                           S.B. No. 1051
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the reduction of solid waste by creating markets for
    1-2  recycled materials and otherwise promoting use of recycled
    1-3  materials.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 481, Government Code, is amended by
    1-6  adding Subchapter AA to read as follows:
    1-7                SUBCHAPTER AA.  RECYCLING MARKET DEVELOPMENT
    1-8        Sec. 481.371.  PURPOSE.  The purpose of this subchapter is to
    1-9  develop and diversify the economy of this state and develop and
   1-10  expand commerce in this state through sustaining and promoting
   1-11  recycling enterprises.
   1-12        Sec. 481.372.  DEFINITIONS.  In this subchapter, "enterprise
   1-13  zone" and "governing body" have the meanings assigned by the Texas
   1-14  Enterprise Zone Act (Article 5190.7, Vernon's Texas Civil
   1-15  Statutes).
   1-16        Sec. 481.373.  DESIGNATION AS RECYCLING MARKET DEVELOPMENT
   1-17  ZONE.  On application by the governing body of an enterprise zone,
   1-18  the department may designate the enterprise zone as a recycling
   1-19  market development zone for the development of local business and
   1-20  industry in the zone to recycle materials that have served their
   1-21  intended use or that are scrapped, discarded, used, surplus, or
   1-22  obsolete by collecting, separating, or processing the materials for
   1-23  use in the production of new products.
    2-1        Sec. 481.374.  RECYCLING MARKET DEVELOPMENT LOANS AND GRANTS.
    2-2  (a)  The department may make a loan or grant to the governing body
    2-3  of an enterprise zone designated as a recycling market development
    2-4  zone to fund an activity that sustains or increases recycling
    2-5  efforts.
    2-6        (b)  A grant recipient under this section must match the
    2-7  amount of the state grant with an equal amount of money from
    2-8  another source.
    2-9        (c)  A grant under this section may not exceed $30,000.
   2-10        (d)  The department may make loans or grants from
   2-11  appropriated funds or from any special fund.
   2-12        Sec. 481.375.  RULEMAKING.  The department shall adopt
   2-13  necessary rules to implement and administer this subchapter in
   2-14  accordance with the purposes of this subchapter, including rules
   2-15  on:
   2-16              (1)  criteria for designating a recycling market
   2-17  development zone;
   2-18              (2)  designation applications, loan applications, and
   2-19  grant applications;
   2-20              (3)  the minimum and maximum amount of a loan made
   2-21  under this subchapter;
   2-22              (4)  application fees; and
   2-23              (5)  operational guidelines for loan and grant
   2-24  disbursement.
   2-25        SECTION 2.  Article 11, State Purchasing and General Services
    3-1  Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
    3-2  adding Sections 11.07 and 11.08 to read as follows:
    3-3        Sec. 11.07.  RECYCLING BY PRIVATE ENTERPRISES THAT CONTRACT
    3-4  WITH STATE.  A private enterprise that contracts with the state
    3-5  shall exert its best efforts to recycle all materials that are
    3-6  capable of being recycled, including paper products.
    3-7        Sec. 11.08.  INTERSTATE COMPACTS AND COOPERATIVE AGREEMENTS
    3-8  FOR THE PROCUREMENT OF RECYCLED PRODUCTS.  The commission shall
    3-9  enter into compacts and cooperative agreements with other states
   3-10  and government entities for the procurement of products made of
   3-11  recycled materials.
   3-12        SECTION 3.  Section 382.002, Local Government Code, is
   3-13  amended to read as follows:
   3-14        Sec. 382.002.  Purpose.  The primary purpose of this chapter
   3-15  is to create county research and development authorities to promote
   3-16  scientific research and development and commercialization of
   3-17  research in affiliation with public and private institutions of
   3-18  research, higher education, or health science centers.  Research to
   3-19  be promoted, developed, and commercialized includes research in
   3-20  recycling processes and recyclable materials.
   3-21        SECTION 4.  Subsection (a), Section 481.078, Government Code,
   3-22  is amended to read as follows:
   3-23        (a)  The department may develop and plan programs for the
   3-24  purpose of promoting and encouraging the location and expansion of
   3-25  major industrial, <and> manufacturing, and recycling enterprises
    4-1  within this state and may coordinate, with the consent of local
    4-2  governments, the activities of the local governments related to the
    4-3  programs, including financing options available under existing law
    4-4  and this section for that purpose.
    4-5        SECTION 5.  Subsection (a), Section 481.103, Government Code,
    4-6  is amended to read as follows:
    4-7        (a)  The office shall:
    4-8              (1)  examine the role of small and disadvantaged
    4-9  businesses in the state's economy and the contribution of small and
   4-10  disadvantaged businesses in generating economic activity, expanding
   4-11  employment opportunities, promoting exports, stimulating innovation
   4-12  and entrepreneurship, and bringing new and untested products and
   4-13  services to the marketplace;
   4-14              (2)  serve as the principal advocate in the state on
   4-15  behalf of small and disadvantaged businesses and provide advice in
   4-16  the consideration of administrative requirements and legislation
   4-17  that affect small and disadvantaged businesses;
   4-18              (3)  evaluate the effectiveness of efforts of state
   4-19  agencies and other entities to assist small and disadvantaged
   4-20  businesses and make appropriate recommendations to assist the
   4-21  development and strengthening of small and disadvantaged business
   4-22  enterprise;
   4-23              (4)  identify specific instances in which regulations
   4-24  inhibit small and disadvantaged business development and to the
   4-25  extent possible identify conflicting state policy goals;
    5-1              (5)  determine the availability of financial and other
    5-2  resources to small and disadvantaged businesses and recommend
    5-3  methods for:
    5-4                    (A)  increasing the availability of equity
    5-5  capital and other forms of financial assistance to small and
    5-6  disadvantaged businesses;
    5-7                    (B)  generating markets for the goods and
    5-8  services of small and disadvantaged businesses;
    5-9                    (C)  providing more effective education,
   5-10  training, and management and technical assistance to small and
   5-11  disadvantaged businesses; and
   5-12                    (D)  providing assistance to small and
   5-13  disadvantaged businesses in complying with federal, state, and
   5-14  local laws;
   5-15              (6)  describe the reasons for small and disadvantaged
   5-16  business successes and failures, ascertain the related factors that
   5-17  are particularly important in this state, and recommend actions for
   5-18  increasing the success rate of small and disadvantaged businesses;
   5-19              (7)  serve as a focal point for receiving complaints
   5-20  and suggestions concerning state government policies and activities
   5-21  that affect small and disadvantaged businesses;
   5-22              (8)  assist with the resolution of problems among state
   5-23  agencies and small and disadvantaged businesses;
   5-24              (9)  develop and advocate proposals for changes in
   5-25  state policies and activities that adversely affect small and
    6-1  disadvantaged businesses;
    6-2              (10)  provide to legislative committees and state
    6-3  agencies information on the effects of proposed policies or actions
    6-4  that affect small and disadvantaged businesses;
    6-5              (11)  enlist the assistance of public and private
    6-6  agencies, businesses, and other organizations in disseminating
    6-7  information about state programs and services that benefit small
    6-8  and disadvantaged businesses and information regarding means by
    6-9  which small and disadvantaged businesses can use those programs and
   6-10  services;
   6-11              (12)  provide information and assistance relating to
   6-12  establishing, operating, or expanding small and disadvantaged
   6-13  businesses;
   6-14              (13)  establish and operate a statewide toll-free
   6-15  telephone service providing small and disadvantaged businesses with
   6-16  ready access to the services offered by the office;
   6-17              (14)  identify sources of financial assistance for
   6-18  small and disadvantaged businesses, match small and disadvantaged
   6-19  businesses with sources of financial assistance, and assist small
   6-20  and disadvantaged businesses with the preparation of applications
   6-21  for loans from governmental or private sources;
   6-22              (15)  sponsor meetings, to the extent practicable in
   6-23  cooperation with public and private educational institutions, to
   6-24  provide training and disseminate information beneficial to small
   6-25  and disadvantaged businesses;
    7-1              (16)  assist small and disadvantaged businesses in
    7-2  their dealings with federal, state, and local governmental agencies
    7-3  and provide information regarding governmental requirements
    7-4  affecting small and disadvantaged businesses;
    7-5              (17)  perform research, studies, and analyses of
    7-6  matters affecting the interests of small and disadvantaged
    7-7  businesses;
    7-8              (18)  develop and implement programs to encourage
    7-9  governmental agencies, public sector business associations, and
   7-10  other organizations to provide useful services to small and
   7-11  disadvantaged businesses;
   7-12              (19)  use available resources within the state, such as
   7-13  small business development centers, educational institutions, and
   7-14  nonprofit associations, to coordinate the provision of management
   7-15  and technical assistance to small and disadvantaged businesses in a
   7-16  systematic manner;
   7-17              (20)  publish newsletters, brochures, and other
   7-18  documents containing information useful to small and disadvantaged
   7-19  businesses;
   7-20              (21)  identify successful small and disadvantaged
   7-21  business assistance programs provided by other states and determine
   7-22  the feasibility of adapting those programs for implementation in
   7-23  this state;
   7-24              (22)  establish an outreach program to make the
   7-25  existence of the office known to small and disadvantaged businesses
    8-1  and potential clients throughout the state;
    8-2              (23)  adopt rules necessary to carry out this
    8-3  subchapter;
    8-4              (24)  identify potential business opportunities for
    8-5  small and disadvantaged businesses in the border region and develop
    8-6  programs to maximize those opportunities;
    8-7              (25)  identify potential business opportunities for
    8-8  small and disadvantaged businesses in rural areas of this state and
    8-9  develop programs to maximize those opportunities; <and>
   8-10              (26)  provide technical assistance and market
   8-11  development assistance to small and disadvantaged businesses that
   8-12  recycle materials that have served their intended use or that are
   8-13  scrapped, discarded, used, surplus, or obsolete by collecting,
   8-14  separating, or processing the materials and returning the recycled
   8-15  materials in the form of raw materials for use in the production of
   8-16  new products; and
   8-17              (27)  perform any other functions necessary to carry
   8-18  out the purposes of this subchapter.
   8-19        SECTION 6.  Section 481.105, Government Code, is amended to
   8-20  read as follows:
   8-21        Sec. 481.105.  Participation in State Purchasing.  The office
   8-22  shall foster participation of small and disadvantaged businesses in
   8-23  the purchasing activities of the state by:
   8-24              (1)  assisting state agencies in developing procedures
   8-25  to ensure the inclusion of small businesses on state agency master
    9-1  bid lists;
    9-2              (2)  informing small businesses of state purchasing
    9-3  opportunities;
    9-4              (3)  assisting small businesses in complying with the
    9-5  procedures for bidding on state contracts;
    9-6              (4)  working with state and federal agencies and with
    9-7  private organizations in disseminating information on state
    9-8  purchasing procedures and the opportunities for small businesses to
    9-9  participate in state contracts;
   9-10              (5)  assisting state agencies with the development of a
   9-11  comprehensive list of small businesses capable of providing
   9-12  materials, supplies, equipment, or services to the state; <and>
   9-13              (6)  making recommendations to state agencies for
   9-14  simplification of specifications and terms to increase the
   9-15  opportunities for small business participation; and
   9-16              (7)  informing small and disadvantaged businesses of
   9-17  state requirements or preferences for awarding state contracts to
   9-18  businesses making efforts to recycle all materials that are capable
   9-19  of being recycled.
   9-20        SECTION 7.  Subdivision (10), Section 2, Development
   9-21  Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
   9-22  Statutes), is amended to read as follows:
   9-23              (10)  "Project" shall mean the land, buildings,
   9-24  equipment, facilities, and improvements (one or more) found by the
   9-25  board of directors to be required or suitable for the promotion of
   10-1  development and expansion of manufacturing and industrial
   10-2  facilities, transportation facilities (including but not limited to
   10-3  airports, ports, mass commuting facilities, and parking
   10-4  facilities), sewage or solid waste disposal facilities, recycling
   10-5  facilities, air or water pollution control facilities, facilities
   10-6  for the furnishing of water to the general public, distribution
   10-7  centers, small warehouse facilities capable of serving as
   10-8  decentralized storage and distribution centers, and facilities
   10-9  which are related to any of the foregoing, and in furtherance of
  10-10  the public purposes of this Act, all as defined in the rules of the
  10-11  department, irrespective of whether in existence or required to be
  10-12  identified, acquired, or constructed thereafter.  As used in this
  10-13  Act, the term "development areas" shall mean any area or areas of a
  10-14  city that the city finds and determines, after a public hearing,
  10-15  should be developed in order to meet the development objectives of
  10-16  the city.  In addition, in blighted or economically depressed
  10-17  areas, development areas or federally assisted new communities
  10-18  located within a home-rule city or a federally designated
  10-19  economically depressed county of less than 50,000 persons according
  10-20  to the last federal decennial census, a project may include the
  10-21  land, buildings, equipment, facilities, and improvements (one or
  10-22  more) found by the board of directors to be required or suitable
  10-23  for the promotion of commercial development and expansion and in
  10-24  furtherance of the public purposes of this Act, or for use by
  10-25  commercial enterprises, all as defined in the rules of the
   11-1  department, irrespective of whether in existence or required to be
   11-2  acquired or constructed thereafter.  As used in this Act, the term
   11-3  blighted or economically depressed areas shall mean those areas and
   11-4  areas immediately adjacent thereto within a city which by reason of
   11-5  the presence of a substantial number of substandard, slum,
   11-6  deteriorated, or deteriorating structures, or which suffer from a
   11-7  high relative rate of unemployment, or which have been designated
   11-8  and included in a tax incremental district created under Chapter
   11-9  695, Acts of the 66th Legislature, Regular Session, 1979 (Article
  11-10  1066d, Vernon's Texas Civil Statutes), or any combination of the
  11-11  foregoing, the city finds and determines, after a hearing,
  11-12  substantially impair or arrest the sound growth of the city, or
  11-13  constitute an economic or social liability and are a menace to the
  11-14  public health, safety, or welfare in their present condition and
  11-15  use.  The department shall adopt guidelines that describe the kinds
  11-16  of areas that may be considered to be blighted or economically
  11-17  depressed.  The city shall consider these guidelines in making its
  11-18  findings and determinations.  Notice of the hearing at which the
  11-19  city considers establishment of a development area or an
  11-20  economically depressed or blighted area shall be posted at the city
  11-21  hall before the hearing.
  11-22        "Federally assisted new communities" shall mean those
  11-23  federally assisted areas which have received or will receive
  11-24  assistance in the form of loan guarantees under Title X of the
  11-25  National Housing Act  and a portion of the federally assisted area
   12-1  has received grants under Section 107(a)(1) of the Housing and
   12-2  Community Development Act of 1974, as amended.
   12-3        SECTION 8.  Subdivision (2), Subsection (a), Section 4B,
   12-4  Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas
   12-5  Civil Statutes), is amended to read as follows:
   12-6              (2)  "Project" means land, buildings, equipment,
   12-7  facilities, and improvements included in the definition of that
   12-8  term under Section 2 of this Act, including recycling facilities,
   12-9  and land, buildings, equipment, facilities, and improvements found
  12-10  by the board of directors to be required or suitable for use for
  12-11  professional and amateur (including children's) sports, athletic,
  12-12  entertainment, tourist, convention, and public park purposes and
  12-13  events, including stadiums, ball parks, auditoriums, amphitheaters,
  12-14  concert halls, learning centers, parks and park facilities, open
  12-15  space improvements, municipal buildings, museums, exhibition
  12-16  facilities, and related store, restaurant, concession, and
  12-17  automobile parking facilities, related area transportation
  12-18  facilities, and related roads, streets, and water and sewer
  12-19  facilities, and other related improvements that enhance any of
  12-20  those items.
  12-21        SECTION 9.  Subsections (a) and (e), Section 361.013, Health
  12-22  and Safety Code, are amended to read as follows:
  12-23        (a)  Except as provided by Subsection (e), the department
  12-24  shall charge a fee on solid waste that is disposed of within this
  12-25  state.  The fee is the greater of 50 cents per ton or, for
   13-1  compacted solid waste, 50 cents per cubic yard or, for uncompacted
   13-2  solid waste, 10 cents per cubic yard received for disposal at a
   13-3  landfill.  The department shall set the fee for sludge or similar
   13-4  waste applied to the land for beneficial use on a dry weight basis
   13-5  and for solid waste received at an incinerator <or a shredding and
   13-6  composting facility> at half the fee set for solid waste received
   13-7  for disposal at a landfill.  The department may charge comparable
   13-8  fees for other means of solid waste disposal that are used.
   13-9        (e)(1)  The department may not charge a fee under Subsection
  13-10  (a) for scrap tires that are deposited in a designated recycling
  13-11  collection area at a landfill permitted by the commission or the
  13-12  department or licensed by a county or by a political subdivision
  13-13  exercising the authority granted by Section 361.165 and that are
  13-14  temporarily stored for eventual recycling, reuse, or energy
  13-15  recovery.
  13-16              (2)  No fee may be charged under Subsection (a) for
  13-17  materials received at a composting facility, including a composting
  13-18  facility located at a permitted landfill site, that are converted
  13-19  to compost through the composting process.
  13-20        SECTION 10.  Section 361.422, Health and Safety Code, is
  13-21  amended by adding Subsection (d) to read as follows:
  13-22        (d)  Before January 1, 1994, the commission shall determine
  13-23  whether the goal established in Subsection (a) is being achieved.
  13-24  If the commission finds that the goal is not being achieved, no
  13-25  person may dispose of yard waste in a sanitary landfill after
   14-1  adoption of rules implementing this subsection.  The commission
   14-2  shall adopt rules implementing the prohibition under this
   14-3  subsection within 90 days of its finding.
   14-4        SECTION 11.  Section 361.423, Health and Safety Code, is
   14-5  amended to read as follows:
   14-6        Sec. 361.423.  RECYCLING MARKET DEVELOPMENT BOARD <STUDY> AND
   14-7  IMPLEMENTATION PROGRAM.  (a)  The Commissioner of the General Land
   14-8  Office<, in cooperation with the department>, the chairman of the
   14-9  Texas Water Commission, the chair of the General Services
  14-10  <Railroad> Commission <of Texas>, and the executive director of the
  14-11  Texas Department of Commerce<,> shall constitute the Recycling
  14-12  Market Development Board.  The Commissioner of the General Land
  14-13  Office serves as the chair of the Recycling Market Development
  14-14  Board initially, and the position of chair shall rotate among the
  14-15  members annually thereafter.  The Recycling Market Development
  14-16  Board may designate chief executives of additional agencies as
  14-17  members of the board if it identifies the agencies as agencies
  14-18  needed to assist the board in performing its duties as outlined in
  14-19  Subsection (b).  The Recycling Market Development Board shall
  14-20  provide support to and coordinate the recycling activities of
  14-21  member agencies and shall pursue <initiate, coordinate, and conduct
  14-22  a comprehensive market development study that quantifies the
  14-23  potential benefits and costs of recycling in order to provide the
  14-24  groundwork for> an economic development strategy that focuses on
  14-25  the state's waste management priorities established by Section
   15-1  361.022 and that includes development of recycling industries and
   15-2  markets as an integrated component.
   15-3        (b)  The Recycling Market Development Board, on an ongoing
   15-4  basis, <study> shall:
   15-5              (1)  identify existing economic and regulatory
   15-6  incentives and disincentives for creating an optimal market
   15-7  development strategy;
   15-8              (2)  analyze the market development implications of:
   15-9                    (A)  the state's waste management policies and
  15-10  regulations;
  15-11                    (B)  existing and potential markets for plastic,
  15-12  glass, paper, lead-acid batteries, tires, compost, scrap gypsum,
  15-13  and other recyclable materials; and
  15-14                    (C)  the state's tax structure and overall
  15-15  economic base;
  15-16              (3)  examine and make policy recommendations regarding
  15-17  the need for changes in or the development of:
  15-18                    (A)  economic policies that affect
  15-19  transportation, such as those embodied in freight rate schedules;
  15-20                    (B)  tax incentives and disincentives;
  15-21                    (C)  the availability of financial capital
  15-22  including grants, loans, and venture capital;
  15-23                    (D)  enterprise zones;
  15-24                    (E)  managerial and technical assistance;
  15-25                    (F)  job-training programs;
   16-1                    (G)  strategies for matching market supply and
   16-2  market demand for recyclable materials, including intrastate and
   16-3  interstate coordination;
   16-4                    (H)  the state recycling goal;
   16-5                    (I)  public-private partnerships;
   16-6                    (J)  research and development;
   16-7                    (K)  government procurement policies;
   16-8                    (L)  educational programs for the public,
   16-9  corporate and regulated communities, and government entities; and
  16-10                    (M)  public health and safety regulatory
  16-11  policies; <and>
  16-12              (4)  establish a comprehensive statewide strategy to
  16-13  expand markets for recycled products in Texas; and
  16-14              (5)  provide information and technical assistance to
  16-15  small and disadvantaged businesses, business development centers,
  16-16  chambers of commerce, educational institutions, and nonprofit
  16-17  associations on market opportunities in the area of recycling.
  16-18        (c)  In carrying out this section <preparing the study>, the
  16-19  responsible agencies may obtain research and development and
  16-20  technical assistance from the Hazardous Waste Research Center at
  16-21  Lamar University at Beaumont or other similar institutions.
  16-22        (d)  The General Land Office shall provide ongoing research
  16-23  and assistance to the Recycling Market Development Board in the
  16-24  carrying out of its responsibilities.
  16-25        (e)  The Texas Water Commission shall develop and carry out a
   17-1  program designed to implement the recommendations of the
   17-2  comprehensive market development study completed pursuant to
   17-3  Section 1, Chapter 303, Acts of the 72nd Legislature, Regular
   17-4  Session, 1991, and the comprehensive statewide strategy established
   17-5  pursuant to Subsection (b)(4).
   17-6        SECTION 12.  Subchapter N, Chapter 361, Health and Safety
   17-7  Code, is amended by adding Section 361.4261 to read as follows:
   17-8        Sec. 361.4261.  STATE AGENCY EXPENDITURES FOR RECYCLED
   17-9  MATERIALS.  State agencies shall expend a minimum of five percent
  17-10  in fiscal year 1994 and eight percent for each fiscal year
  17-11  thereafter for materials, supplies, and equipment that have
  17-12  recycled material content or are remanufactured or environmentally
  17-13  sensitive, as those terms are defined by the General Services
  17-14  Commission.  A report of the total expenditures in these areas and
  17-15  the amount expended in each category for the previous fiscal year
  17-16  shall be delivered to the governor, the Legislative Budget Board,
  17-17  the lieutenant governor, and the speaker of the house of
  17-18  representatives not later than January 1 of each year.
  17-19        SECTION 13.  Section 361.428, Health and Safety Code, is
  17-20  amended to read as follows:
  17-21        Sec. 361.428.  Composting Program.  (a)  <The Municipal Solid
  17-22  Waste Management and Resource Recovery Advisory Council of the
  17-23  department shall develop recommendations for the 73rd Legislature
  17-24  regarding the development of a state composting program.  In
  17-25  developing these recommendations, the council shall, at a minimum,
   18-1  consider:>
   18-2              <(1)  the development of local yard waste separation
   18-3  programs;>
   18-4              <(2)  the commercial application of composting
   18-5  activities;>
   18-6              <(3)  the potential beneficial uses of compost; and>
   18-7              <(4)  the necessary changes to existing law and
   18-8  regulations required to facilitate conversion of yard waste to
   18-9  compost.>
  18-10        <(b)>  The commission <department> shall put in place a
  18-11  composting program that is capable of achieving at least a 15
  18-12  percent reduction in the amount of the municipal solid waste stream
  18-13  that is disposed of in landfills by January 1, 1994.
  18-14        (b)  The commission shall adopt rules establishing minimum
  18-15  standards and guidelines for the issuance of permits for processes
  18-16  or facilities which produce compost that is the product of material
  18-17  from the typical mixed solid waste stream generated by residential,
  18-18  commercial, or industrial sources which is source-separated
  18-19  material or material separated at a central processing facility.
  18-20  The standards shall to the maximum extent practicable conform to
  18-21  regulations issued by the United States Environmental Protection
  18-22  Agency.  Any reduction in the mixed solid waste stream that occurs
  18-23  as a result of a permit issued under this subsection shall be used
  18-24  in achieving the goal established in Section 361.422.
  18-25        SECTION 14.  Section 361.452, Health and Safety Code, is
   19-1  amended to read as follows:
   19-2        Sec. 361.452.  Collection for Recycling.  A person selling
   19-3  lead-acid batteries at retail or offering lead-acid batteries for
   19-4  retail sale in this state shall:
   19-5              (1)  accept from customers<, if offered, at the point
   19-6  of transfer,> used lead-acid batteries for recycling <of the type
   19-7  and in a quantity at least equal to the number of new batteries
   19-8  purchased>; and
   19-9              (2)  post written notice, which must be at least 8-1/2
  19-10  inches by 11 inches in size, containing the universal recycling
  19-11  symbol and the following language:
  19-12                    (A)  "It is illegal to discard or improperly
  19-13  dispose of a motor-vehicle battery or other lead-acid battery.";
  19-14                    (B)  "Recycle your used batteries."; and
  19-15                    (C)  "State law requires us to accept used
  19-16  motor-vehicle batteries or other lead-acid batteries for recycling
  19-17  <in exchange for new batteries purchased>."
  19-18        SECTION 15.  Section 63.071, Agriculture Code, is amended by
  19-19  adding Subsection (h) to read as follows:
  19-20        (h)  A person is not required to pay an inspection fee on
  19-21  compost as defined by Section 361.421, Health and Safety Code.
  19-22        SECTION 16.  Section 481.295, Government Code, is amended by
  19-23  adding Subsection (c) to read as follows:
  19-24        (c)  The department and the advisory board may make a loan or
  19-25  a loan guarantee to the governing body of an enterprise zone
   20-1  designated as a recycling market development zone under Subchapter
   20-2  AA to fund an activity that sustains or increases recycling
   20-3  efforts.
   20-4        SECTION 17.  The Texas Natural Resource Conservation
   20-5  Commission shall adopt the rules required by Subsection (b),
   20-6  Section 361.428, Health and Safety Code, as added by this Act, not
   20-7  later than six months after the effective date of this Act.
   20-8        SECTION 18.  The importance of this legislation and the
   20-9  crowded condition of the calendars in both houses create an
  20-10  emergency and an imperative public necessity that the
  20-11  constitutional rule requiring bills to be read on three several
  20-12  days in each house be suspended, and this rule is hereby suspended,
  20-13  and that this Act take effect and be in force from and after its
  20-14  passage, and it is so enacted.