BILL ANALYSIS H.B. 160 By: Kamel 03-21-95 Committee Report (Amended) BACKGROUND Current law allows the commissioners court of a county with a population of one million or more to adopt regulations to control the disposal of litter and the removal of illegally dumped litter from private property in unincorporated areas of the county. Before adopting the proposed regulations, the commissioners court is statutorily required to find that the regulations are necessary to promote the public health, safety, and welfare of the residents of the county. The regulations may require the record property owner to pay for the cost of removal after the commissioners court has given the property owner 30 days written notice to remove the illegally dumped litter. PURPOSE This legislation lowers the county population cap from one million to 100,000. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 365.017(a), Health and Safety Code, by lowering the county population cap from one million to 100,000. SECTION 2. Emergency clause. EXPLANATION OF AMENDMENTS Committee amendment no. 1 strikes the 100,000 population bracket and thus allows the commissioners courts of all counties to adopt regulations to control litter. SUMMARY OF COMMITTEE ACTION HB 160 was considered by the Committee on County Affairs in a public hearing on 3/22/95. Representative Kamel opened. The following persons testified in favor of HB 160: Donald Lee, representing the Conference of Urban Counties; and Jim Allison, representing the County Judges and Commissioners Association of Texas. The Committee on County Affairs considered one amendment to HB 160. The amendment was adopted without objection. HB 160 was reported favorably, as amended, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent, by a record vote of 7 ayes, 0 nays, 0 pnv, 2 absent.