BILL ANALYSIS


                                                        H.B. 2945
                                           By: Dukes (Barrientos)
                                                Natural Resources
                                                         05-26-95
                              Senate Committee Report (Unamended)
BACKGROUND

The 72nd Legislature enacted S.B. 1340 establishing recycling and
waste reduction programs at the state level and set a statewide 40
percent statewide recycling goal to be achieved by January 1, 1994. 
The 73rd Legislature enacted S.B. 1051 amending the goal to include
source reduction as well as recycling, and directed the Texas
Natural Resource Conservation Commission to convene a task force,
if the goal was not met, to make recommendations to the
legislature.

The task force recommended in its Final Report that the 40 percent
goal be reauthorized without a specific deadline and that the base
year for calculating the 40 percent goal be changed to 1992.

PURPOSE

As proposed, H.B. 2945 amends the state's source reduction and
recycling goal to reduce the disposal of municipal solid waste;
amends regulation of fertilizer labeling.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Feed and Fertilizer Control Service under SECTION 5
(Section 63.051(e), Agriculture Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 361.422(a), (d), and (e), Health and
Safety Code, as follows:

     (a) Deletes language providing that it is the state's goal to
     reduce by at least 40 percent the amount of solid municipal
     waste disposed of this state by January 1, 1994.
     
     (d) Requires the Texas Natural Resource Conservation
     Commission (TNRCC), for the purpose of measuring progress
     toward the state source and recycling goal, rather than the
     municipal solid waste reduction goal, to use the weight of the
     total municipal solid waste stream in 1992, instead of 1991,
     as the base year for comparison.  Makes conforming and
     nonsubstantive changes.
     
     (e) Requires TNRCC, before January 1, 2001, rather than
     January 1, 1994, to determine whether the goal established in
     Subsection (a) is achieved.  Requires TNRCC, if it finds that
     the goal is not being achieved, to convene an advisory task
     force (task force) consisting of certain representatives,
     including representatives of the recycling industry.   Deletes
     language authorizing TNRCC to recommend a plan on the disposal
     of yard waste in a landfill.  Requires, instead of authorizes,
     the task force to recommend a plan to the legislature for
     reaching the goal established in Subsection (a).
     
     SECTION 2.     Amends Section 361.421(1), Health and Safety Code, to
redefine "compost."

SECTION 3. Amends Section 63.001(8), Agriculture Code, to redefine
"fertilizer  material."

SECTION 4. Amends Section 63.051(a), Agriculture Code, to set forth
the information that each container of commercial fertilizer
distributed in this state, other than customer-formula fertilizer,
is required to have on a label except as provided by Subsections
(d) and (e).

SECTION 5. Amends Section 63.051, Agriculture Code, by adding
Subsection (e), to provide that compost that is labeled,
advertised, or otherwise identified or sold as fertilizer without
a claim of specific grade content is exempt from labeling and
inspection requirements of Subsections (a)-(c),  Requires the Texas
Feed and Fertilizer Control Service to adopt rules for labeling
compost that is exempt under this subsection.

SECTION 6. Amends Section 63.071(h), Agriculture Code, to provide
that a person is not required to pay an inspection fee on compost
if the compost is exempt from inspection under Section 63.051(e).

SECTION 7. Emergency clause.
           Effective date: upon passage.