BILL ANALYSIS


                                                    C.S.S.B. 1167
                                                      By: Shapiro
                                                Natural Resources
                                                         04-18-95
                                   Committee Report (Substituted)
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 (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
revenue has decreased from 45.7 percent to 27.9 percent while the
commission's share has increased.

PURPOSE

As proposed, C.S.S.B. 1167 provides that one-half of the amount of
the solid waste fee revenue appropriated to the Texas Natural
Resource Conservation Commission is dedicated to the 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, Chapter 361B, Health and Safety
Code, as follows:

     Sec.  361.014.  USE OF SOLID WASTE FEE REVENUE.  (a) Provides
     that one-half, rather than at least half, of the amount
     appropriated to the Texas Natural Resource Conservation
     Commission (commission) is dedicated to the commission's
     municipal 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 appropriations is dedicated
     to the enhancement of the state's solid waste management
     program.
     
       (b) Provides that one-half of the amount appropriated to the
       commission is dedicated to local and regional solid waste
       projects consistent with regional plans approved by the
       commission and for updating and maintaining the plans. 
       Requires the appropriations 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 which takes into
       account certain factors.  Requires projects and services
       funded under this subsection to demonstrate that they
       promote cooperation between public and private entities and
       that the projects or services are not otherwise readily
       available and do not create a competitive advantage over
       private industry providing recycling or solid waste
       services.
       
       (c) Redesignates existing Subsection (b).
       
     SECTION 2.     Emergency clause.
           Effective date: upon passage.