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.