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.