BILL ANALYSIS



C.S.H.B. 2944
By: Dukes
04-25-95
Committee Report (Substituted)


BACKGROUND

The Texas Natural Resources Conservation Commission (TNRCC) charges
a fee to landfills for each unit of trash accepted.  The landfill
then charges a fee to the individual or entity whose trash it
accepts.  As a public service, some landfills take certain trash
for free (e.g., natural disaster debris or crack house destruction
debris). However, the TNRCC is still required to charge the fee to
the landfill, even though the landfill collects no fee from the
city or county involved. 

PURPOSE

HB 2944 would prohibit the TNRCC from collecting a fee when a
disposal facility has donated the cost of disposal for trash from
the effects of a natural or man-made disaster, or from structures
which have been contributing to criminal activity.

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 361.013, Health and Safety Code, as
follows:
     (a) Replaces "department" with "commission"; adds references
     to Subsection (f) and (h) as exceptions from a fee being
     charged on solid waste that is disposed of in this state.
     (h) Is added to include solid waste resulting from a public
     entity's effort to protect the community from effects of a
     natural or man-made disaster or from structures contributing
     to drug-trafficking or other crimes into the list of
     exemptions from disposal fees.  Stipulates the condition that
     the disposal facility accepting this waste has donated to a
     political subdivision the cost of disposing the waste.

SECTION 2: Effective date: September 1, 1995.

SECTION 3: Emergency Clause


COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute is a Legislative Council draft of the
original bill with no substantial changes.


SUMMARY OF COMMITTEE ACTION

HB 2944 was considered by the House Committee on Environmental
Regulation in a public hearing on April 25, 1995.  The committee
considered a complete substitute.  Robert A. Miller, representing
Waste Management of Texas, testified in favor of the bill.  Without
objection the committee adopted the committee substitute to HB
2944.  HB 2944 was reported favorably as substituted 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.