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.