BILL ANALYSIS
H.B. 2944
By: Dukes (Ellis)
Natural Resources
05-22-95
Senate Committee Report (Unamended)
BACKGROUND
The Texas Natural Resource 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, 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
As proposed, H.B. 2944 prohibits the Texas Natural Resource
Conservation Commission 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 that
have been contributing to criminal activity.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 361.013, Health and Safety Code, by
amending Subsection (a) and adding new Subsections (h) and (i), as
follows:
(a) Requires the Texas Natural Resource Conservation
Commission (TNRCC) to charge a fee on all solid waste that is
disposed of within state, except as provided by Subsections
(e) through (i). Makes nonsubstantive and conforming changes.
(h) Prohibits TNRCC from charging a fee under Subsection (a)
on solid waste resulting from a public entity's effort to
protect the public health and safety of the community from the
effects of a natural or man-made disaster or from structures
that have been contributing to drug trafficking or other
crimes if the disposal facility at which that solid waste is
offered for disposal has donated to a municipality, county, or
other political subdivision the cost of disposing of that
waste.
(i) Prohibits TNRCC from charging a fee under Subsection (a)
for the disposal of Class I industrial solid waste or
hazardous waste subject to the assessment of fees under
Section 361.136; or the disposal of an industrial solid waste
for which no permit may be required under Section 361.090.
SECTION 2. Effective date: September 1, 1995.
SECTION 3. Emergency clause.