BILL ANALYSIS


                                                        S.B. 1147
                                                        By: Lucio
                                                Natural Resources
                                                         04-19-95
                                     Committee Report (Unamended)
BACKGROUND

Prior to 1993, Section 365.012, Health and Safety Code, provided
that a person committed an offense if the person disposed of or
allowed or permitted the disposal of litter at a place not approved
of as a solid waste site.  Under the terms of this section, a
person could have been prosecuted for disposing of waste on the
person's own property.

In 1993, the legislature amended Section 365.012 by adding
Subsection (j), which exempted from the reach of that section the
disposal of solid waste by a person on land owned by that person. 
Under current law, therefore, even a chemical corporation may
dispose of waste on its own land.

PURPOSE

As proposed, S.B. 1147 clarifies that the exemption from offense
under Section 365.012, Health and Safety Code, applies only to
persons who use their land for noncommercial residential purposes
or commercial agricultural purposes.

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 365.011, Health and Safety Code, by
adding Subdivision (a), to define "self-generated litter or self-generated other solid waste."

SECTION 2. Amends Section 365.0012(j), Health and Safety Code, to
exempt from this section the disposal of, or temporary storage for
future legal disposal of, self-generated solid waste, including
litter, by a person on land owned by that person and used for
residential or commercial agricultural purposes.

SECTION 3. Severability clause.

SECTION 4. Effective date: September 1, 1995.

SECTION 5. Emergency clause.