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.