By Conley                                             H.B. No. 1376
       74R4115 PB-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of certain solid waste technicians.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 361.027, Health and Safety Code, is
    1-5  amended to read as follows:
    1-6        Sec. 361.027.  TRAINING OF SOLID WASTE TECHNICIANS.  (a)  The
    1-7  <department and the> commission shall <may each>:
    1-8              (1)  develop and implement a program to train solid
    1-9  waste technicians to improve the competency of those technicians;
   1-10  and
   1-11              (2)  issue letters of competency to technicians that
   1-12  fulfill the requirements of the training program.
   1-13        (b)  The owner or operator of a solid waste facility shall
   1-14  <is encouraged to> employ as site manager a solid waste technician
   1-15  who holds <holding> a letter of competency issued by <from> the
   1-16  commission <appropriate agency>.
   1-17        (c)  The <department and the> commission shall <may each>:
   1-18              (1)  prescribe the standards of training required for
   1-19  the program;
   1-20              (2)  determine the duration of the letter of
   1-21  competency;
   1-22              (3)  award one or more categories of letters of
   1-23  competency with each category reflecting a different degree of
   1-24  training or skill;
    2-1              (4)  require a reasonable, nonrefundable fee, in an
    2-2  amount set <determined from time to time> by the commission
    2-3  <agency>, to be paid by participants, deposited to the credit of
    2-4  the general revenue fund, and used to administer the program;
    2-5              (5)  extend or renew letters of competency issued by
    2-6  the commission <agency>; and
    2-7              (6)  withdraw a letter of competency for good cause,
    2-8  which may include a violation of this chapter or a rule of the
    2-9  commission <agency> concerning the technician's duties and
   2-10  responsibilities.
   2-11        (d)  The commission by rule shall prescribe the subjects to
   2-12  be included in the program, which must include training regarding:
   2-13              (1)  solid waste management;
   2-14              (2)  operation of necessary equipment; and
   2-15              (3)  the use of composting and recycling programs as an
   2-16  aspect of solid waste management.
   2-17        SECTION 2.  A person employed as the site manager of a solid
   2-18  waste facility on the effective date of this Act is not required to
   2-19  hold a letter of competency issued by the Texas Natural Resource
   2-20  Conservation Commission under Section 361.027, Health and Safety
   2-21  Code, as amended by this Act, until March 1, 1996.
   2-22        SECTION 3.  This Act takes effect September 1, 1995.
   2-23        SECTION 4.  The importance of this legislation and the
   2-24  crowded condition of the calendars in both houses create an
   2-25  emergency and an imperative public necessity that the
   2-26  constitutional rule requiring bills to be read on three several
   2-27  days in each house be suspended, and this rule is hereby suspended.