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.