BILL ANALYSIS



H.B. 1665
By: Madden
05-02-95
Committee Report (Unamended)


BACKGROUND

The 72nd Legislature adopted a $2-3 fee on the sale of lead-acid
batteries.  By law, proceeds from this fee are deposited in the
hazardous and solid waste remediation fee fund to be used primarily
for remedial actions at solid and hazardous waste disposal sites. 
Battery fees generate approximately $11-12 million annually for the
remediation fund; this represents approximately half of the
revenues to the fund.  None of the revenues from battery fees are
used to promote battery recycling or address the impacts of lead-acid battery recycling other than remediation.

PURPOSE

HB 1665 authorizes the Texas Natural Resource Conservation
Commission (TNRCC) to utilize up to 20% annually of the fee on
batteries for purposes other than superfund remediation and removal
actions.  New uses would include the promotion of recycling,
efforts to encourage innovative technology, and efforts to mitigate
the effects of recycling activities on local governments.

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 361.133(c), Health and Safety Code, to
authorize the TNRCC to utilize up to 20 percent of the fee on
batteries going to the hazardous and solid waste remediation fee
fund for activities related to lead-acid battery recycling.  This
includes remediation, the promotion of recycling, the mitigation of
impacts on local governments, and encouraging the adoption of
innovative technology.

SECTION 2:  Requires the TNRCC to allocate to battery-related
programs at least 10 percent of the battery fee monies appropriated
to the agency during the 1996-97 biennium.

SECTION 3:  Emergency clause; effective date: upon passage.

SUMMARY OF COMMITTEE ACTION

HB 1665 was considered by the House Committee on Environmental
Regulation in a public hearing on March 14, 1995.  The chair
recognized Rep. Madden to explain the bill.  The following persons
testified in favor of the bill:
     Bob Warren, Mayor of the City of Frisco, representing himself
     and the City of Frisco.
     George Purefoy, City Manager of the City of Frisco,
     representing himself.
     Larry G. Eagan, representing himself and GNB Technologies
     Inc., Battery Manufacturing and Recycling.

The following persons testified against the bill:
     Jon Fisher, Texas Chemical Council.
     Mary Miksa, representing herself and Texas Association of
     Business and Chambers of Commerce.
Without objection, HB 1665 was left pending.

HB 1665 was considered by the House Committee on Environmental
Regulation in a public hearing on May 2, 1995.  The bill was
reported favorably without amendment with the recommendation that
it do pass and be printed, by a record vote of five (5) ayes, no
(0) nays, no (0) pnv, and four (4) absent.