1-1 By: Dukes (Senate Sponsor - Ellis) H.B. No. 2944
1-2 (In the Senate - Received from the House May 11, 1995;
1-3 May 12, 1995, read first time and referred to Committee on Natural
1-4 Resources; May 19, 1995, reported favorably by the following vote:
1-5 Yeas 9, Nays 0; May 19, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to solid waste disposal fees.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 361.013, Health and Safety Code, is
1-11 amended by amending Subsection (a) and adding new Subsections (h)
1-12 and (i) to read as follows:
1-13 (a) Except as provided by Subsections <Subsection> (e)
1-14 through (i), the commission <department> shall charge a fee on all
1-15 solid waste that is disposed of within this state. The fee is
1-16 $1.25 per ton received for disposal at a landfill if the solid
1-17 waste is measured by weight. If the solid waste is measured by
1-18 volume, the fee for compacted solid waste is 40 cents per cubic
1-19 yard or, for uncompacted solid waste, 25 cents per cubic yard
1-20 received for disposal at a landfill. The commission <department>
1-21 shall set the fee for sludge or similar waste applied to the land
1-22 for beneficial use on a dry weight basis and for solid waste
1-23 received at an incinerator or a shredding and composting facility
1-24 at half the fee set for solid waste received for disposal at a
1-25 landfill. The commission <department> may charge comparable fees
1-26 for other means of solid waste disposal that are used.
1-27 (h) The commission may not charge a fee under Subsection (a)
1-28 on solid waste resulting from a public entity's effort to protect
1-29 the public health and safety of the community from the effects of a
1-30 natural or man-made disaster or from structures that have been
1-31 contributing to drug trafficking or other crimes if the disposal
1-32 facility at which that solid waste is offered for disposal has
1-33 donated to a municipality, county, or other political subdivision
1-34 the cost of disposing of that waste.
1-35 (i) The commission may not charge a fee under Subsection (a)
1-36 for:
1-37 (1) the disposal of Class I industrial solid waste or
1-38 hazardous waste subject to the assessment of fees under Section
1-39 361.136; or
1-40 (2) the disposal of an industrial solid waste for
1-41 which no permit may be required under Section 361.090.
1-42 SECTION 2. This Act takes effect September 1, 1995.
1-43 SECTION 3. The importance of this legislation and the
1-44 crowded condition of the calendars in both houses create an
1-45 emergency and an imperative public necessity that the
1-46 constitutional rule requiring bills to be read on three several
1-47 days in each house be suspended, and this rule is hereby suspended.
1-48 * * * * *