H.B. No. 2944
1-1 AN ACT
1-2 relating to solid waste disposal fees.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 361.013, Health and Safety Code, is
1-5 amended by amending Subsection (a) and adding new Subsections (h)
1-6 and (i) to read as follows:
1-7 (a) Except as provided by Subsections <Subsection> (e)
1-8 through (i), the commission <department> shall charge a fee on all
1-9 solid waste that is disposed of within this state. The fee is
1-10 $1.25 per ton received for disposal at a landfill if the solid
1-11 waste is measured by weight. If the solid waste is measured by
1-12 volume, the fee for compacted solid waste is 40 cents per cubic
1-13 yard or, for uncompacted solid waste, 25 cents per cubic yard
1-14 received for disposal at a landfill. The commission <department>
1-15 shall set the fee for sludge or similar waste applied to the land
1-16 for beneficial use on a dry weight basis and for solid waste
1-17 received at an incinerator or a shredding and composting facility
1-18 at half the fee set for solid waste received for disposal at a
1-19 landfill. The commission <department> may charge comparable fees
1-20 for other means of solid waste disposal that are used.
1-21 (h) The commission may not charge a fee under Subsection (a)
1-22 on solid waste resulting from a public entity's effort to protect
1-23 the public health and safety of the community from the effects of a
2-1 natural or man-made disaster or from structures that have been
2-2 contributing to drug trafficking or other crimes if the disposal
2-3 facility at which that solid waste is offered for disposal has
2-4 donated to a municipality, county, or other political subdivision
2-5 the cost of disposing of that waste.
2-6 (i) The commission may not charge a fee under Subsection (a)
2-7 for:
2-8 (1) the disposal of Class I industrial solid waste or
2-9 hazardous waste subject to the assessment of fees under Section
2-10 361.136; or
2-11 (2) the disposal of an industrial solid waste for
2-12 which no permit may be required under Section 361.090.
2-13 SECTION 2. This Act takes effect September 1, 1995.
2-14 SECTION 3. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.