BILL ANALYSIS


                                                         S.B. 376
                                                        By: Ellis
                                                Natural Resources
                                                         04-28-95
                                     Committee Report (Unamended)
BACKGROUND

When waste results from a natural or man-made disaster, a disposal
facility often does not charge the disposal cost to municipalities
or other public entities.  Current law still requires the solid
waste facility to pay the state solid waste disposal and
transportation fee although the facility is receiving no revenue
for this disposal and is in fact incurring out-of-pocket expenses.

PURPOSE

As proposed, S.B. 376 prohibits the Texas Natural Resource
Conservation Commission from charging a solid waste disposal fee
whenever the disposal facility has donated the cost of solid waste
disposal to a municipality, county, or other political subdivision
in connection with solid waste resulting from a public entity's
effort to protect the public health and safety.

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
adding Subsection (h), as follows:

     (h) Prohibits the Texas Natural Resource Conservation
     Commission from charging a solid waste disposal and
     transportation fee under Subsection (a) whenever the disposal
     facility has donated the cost of solid waste disposal to a
     municipality, county, or other political subdivision of this
     state in connection with solid waste resulting from a public
     entity's effort to protect the public health and safety from
     the effects of a natural or man-made disaster, or structures
     which have been contributing to drug trafficking or other
     crimes.
     
     SECTION 2.     Effective date: September 1, 1995.

SECTION 3. Emergency clause.