By Dukes                                              H.B. No. 2945
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the state's source reduction and recycling goal and
    1-3  labeling of certain fertilizer.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 361.422(a), (d), and (e), Health and
    1-6  Safety Code, are amended to read as follows:
    1-7        (a)  It is the state's goal to reduce <by January 1, 1994,>
    1-8  the amount of municipal solid waste disposed of in this state by at
    1-9  least 40 percent through source reduction and recycling.
   1-10        (d)  For the purpose of measuring progress toward the state
   1-11  source <municipal solid waste> reduction and recycling goal, the
   1-12  department shall use the weight of the total municipal solid waste
   1-13  stream in 1992 <1991> as the base year <a baseline> for comparison.
   1-14  To compute progress toward the state source <municipal solid waste>
   1-15  reduction and recycling goal for a year, the department shall
   1-16  compare the total number of tons disposed in the year under
   1-17  comparison, either by landfilling or by other disposal methods, to
   1-18  the weight of the total municipal solid waste stream <number of
   1-19  tons disposed> in the base year, adjusting for changes in
   1-20  population, tons of solid waste imported and exported, and other
   1-21  relevant changes between the base <baseline> year and the
   1-22  comparison year.
   1-23        (e)  Before January 1, 2001 <1994>, the commission shall
    2-1  determine whether the goal established in Subsection (a) is being
    2-2  achieved.  If the commission finds that the goal is not being
    2-3  achieved, it shall convene an advisory task force consisting of
    2-4  representatives of the commission, the General Land Office, local
    2-5  governments, the recycling industry, the Municipal Solid Waste
    2-6  Management and Resource Recovery Advisory Council, and the
    2-7  commercial solid waste disposal industry <and may recommend to the
    2-8  legislature a phased-in ban on the disposal of yard waste in a
    2-9  landfill>.  The task force shall <may> recommend a plan to the
   2-10  legislature for reaching <implementing> the goal established in
   2-11  Subsection (a) <ban after considering how the ban will:>
   2-12              <(1)  affect the state's disposal capacity;>
   2-13              <(2)  affect the economy of the state;>
   2-14              <(3)  affect local governments; and>
   2-15              <(4)  be accepted and adhered to by the citizens of the
   2-16  state>.
   2-17        SECTION 2.  Section 361.421(1), Health and Safety Code, is
   2-18  amended to read as follows:
   2-19              (1)  "Compost" is the disinfected and stabilized
   2-20  product of the decomposition process that may be <is> used or sold
   2-21  for use as a soil amendment, artificial top soil, growing medium
   2-22  amendment, fertilizer, or other similar uses, including application
   2-23  to land as organic fertilizer.
   2-24        SECTION 3.  Section 63.001(8), Agriculture Code, is amended
   2-25  to read as follows:
    3-1              (8)  "Fertilizer material" means a solid or nonsolid
    3-2  substance or compound that contains an essential plant nutrient
    3-3  element in a form available to plants and is used primarily for its
    3-4  essential plant nutrient element content in promoting or
    3-5  stimulating growth of a plant or improving the quality of a crop or
    3-6  for compounding a mixed fertilizer.  The term may <does not>
    3-7  include the excreta of an animal, plant remains, or a mixture of
    3-8  those substances<, for which no claim of essential plant nutrients
    3-9  is made>.
   3-10        SECTION 4.  Section 63.051(a), Agriculture Code, is amended
   3-11  to read as follows:
   3-12        (a)  Except as provided by Subsections <Subsection> (d) and
   3-13  (e) of this section, each container of commercial fertilizer
   3-14  distributed in this state, other than customer-formula fertilizer,
   3-15  must have a label with the following information:
   3-16              (1)  the name and principal address of the person
   3-17  responsible for manufacture and distribution;
   3-18              (2)  the brand, grade, and name under which the
   3-19  fertilizer is to be distributed;
   3-20              (3)  the net weight of the fertilizer in the container;
   3-21              (4)  the guaranteed analysis of the plant nutrients in
   3-22  the fertilizer, listing the minimum percentages of primary,
   3-23  secondary, and micro plant nutrients, and other additives, in
   3-24  accordance with rules of the service; and
   3-25              (5)  other information that the service may by rule
    4-1  prescribe.
    4-2        SECTION 5.  Section 63.051, Agriculture Code, is amended by
    4-3  adding Subsection (e) to read as follows:
    4-4        (e)  Compost, as defined by Section 361.421(1), Health and
    4-5  Safety Code, that is labeled, advertised, or otherwise identified
    4-6  or sold as fertilizer without a claim of specific grade content is
    4-7  exempt from the labeling and inspection requirements of Subsections
    4-8  (a), (b), and (c).  The service shall adopt rules for labeling of
    4-9  compost that is exempt under this subsection.
   4-10        SECTION 6.  Section 63.071(h), Agriculture Code, is amended
   4-11  to read as follows:
   4-12        (h)  A person is not required to pay an inspection fee on
   4-13  compost as defined by Section 361.421, Health and Safety Code, if
   4-14  the compost is exempt from inspection under Section 63.051(e) of
   4-15  this code.
   4-16        SECTION 7.  The importance of this legislation and the
   4-17  crowded condition of the calendars in both houses create an
   4-18  emergency and an imperative public necessity that the
   4-19  constitutional rule requiring bills to be read on three several
   4-20  days in each house be suspended, and this rule is hereby suspended,
   4-21  and that this Act take effect and be in force from and after its
   4-22  passage, and it is so enacted.