BILL ANALYSIS


                                                        H.B. 3072
                                            By: Gallego (Shapiro)
                                                Natural Resources
                                                         05-12-95
                                Senate Committee Report (Amended)
BACKGROUND

The municipal solid waste fee collected by public and private
landfills is remitted to the state.  The revenues created from the
fee are used to finance the solid waste programs of the Texas
Natural Resource Conservation Commission and local solid waste
management projects.  When the municipal solid waste fee was
established, local governments and landfill operators believed that
the revenues generated from the fee would be distributed equally
among state waste management programs and local waste management
projects, but recently, the local share of the revenues has
decreased from 45.7 percent to 27.9 percent while the commission's
share has increased.

PURPOSE

As proposed, H.B. 3072 provides that one-half of the solid waste
fee revenue is dedicated to the Texas Natural Resource Conservation
Commission's solid waste permitting and enforcement programs and
enhancement of the solid waste management program.  Provides that
the other half of the revenue is dedicated to the local and
regional solid waste management projects.

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 361.014, Health and Safety Code, as
follows:

     Sec.  361.014.  USE OF SOLID WASTE FEE REVENUE.  (a) Provides
     that half, rather than at least half, of the solid waste fee
     revenue (revenue) is dedicated to the Texas Natural Resource
     Conservation Commission's (commission) solid waste permitting
     and enforcement programs, related support activities, and
     enhancement activities of the state's solid waste management
     program.  Deletes language providing that the balance of the
     revenue is dedicated to the enhancement of the state's solid
     waste management program.  Deletes existing Subdivision (12)
     providing that a portion of the revenue be dedicated to other
     programs that the commission may consider appropriate to
     further the purposes of this chapter.
     
     (b) Provides that half of the revenue is dedicated to local
       and regional solid waste projects consistent with regional
       plans approved by the commission and to update and maintain
       those plans.  Requires those revenues to be allocated to
       municipal solid waste geographic planning regions for use by
       local governments and regional planning commissions
       according to a formula established by the commission that
       takes into account certain factors.  Requires each planning
       region to issue a biennial report to the legislature
       detailing how the revenue is spent.  Requires a project or
       service funded under this subsection to promote cooperation
       between public and private entities.  Prohibits a project or
       service from being otherwise readily available or creating
       a competitive advantage over a private industry that
       provides recycling or solid waste services.
       
       (c) Redesignates existing Subsection (b).
       
     SECTION 2.     Emergency clause.
           Effective date: upon passage.