1-1  By:  Dukes (Senate Sponsor - Barrientos)              H.B. No. 2945
    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 25, 1995, reported favorably by the following vote:
    1-5  Yeas 6, Nays 0; May 25, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the state's source reduction and recycling goal and
    1-9  labeling of certain fertilizer.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Sections 361.422(a), (d), and (e), Health and
   1-12  Safety Code, are amended to read as follows:
   1-13        (a)  It is the state's goal to reduce <by January 1, 1994,>
   1-14  the amount of municipal solid waste disposed of in this state by at
   1-15  least 40 percent through source reduction and recycling.
   1-16        (d)  For the purpose of measuring progress toward the state
   1-17  source <municipal solid waste> reduction and recycling goal, the
   1-18  department shall use the weight of the total municipal solid waste
   1-19  stream in 1992 <1991> as the base year <a baseline> for comparison.
   1-20  To compute progress toward the state source <municipal solid waste>
   1-21  reduction and recycling goal for a year, the department shall
   1-22  compare the total number of tons disposed in the year under
   1-23  comparison, either by landfilling or by other disposal methods, to
   1-24  the weight of the total municipal solid waste stream <number of
   1-25  tons disposed> in the base year, adjusting for changes in
   1-26  population, tons of solid waste imported and exported, and other
   1-27  relevant changes between the base <baseline> year and the
   1-28  comparison year.
   1-29        (e)  Before January 1, 2001 <1994>, the commission shall
   1-30  determine whether the goal established in Subsection (a) is being
   1-31  achieved.  If the commission finds that the goal is not being
   1-32  achieved, it shall convene an advisory task force consisting of
   1-33  representatives of the commission, the General Land Office, local
   1-34  governments, the recycling industry, the Municipal Solid Waste
   1-35  Management and Resource Recovery Advisory Council, and the
   1-36  commercial solid waste disposal industry <and may recommend to the
   1-37  legislature a phased-in ban on the disposal of yard waste in a
   1-38  landfill>.  The task force shall <may> recommend a plan to the
   1-39  legislature for reaching <implementing> the goal established in
   1-40  Subsection (a) <ban after considering how the ban will:>
   1-41              <(1)  affect the state's disposal capacity;>
   1-42              <(2)  affect the economy of the state;>
   1-43              <(3)  affect local governments; and>
   1-44              <(4)  be accepted and adhered to by the citizens of the
   1-45  state>.
   1-46        SECTION 2.  Section 361.421(1), Health and Safety Code, is
   1-47  amended to read as follows:
   1-48              (1)  "Compost" is the disinfected and stabilized
   1-49  product of the decomposition process that may be <is> used or sold
   1-50  for use as a soil amendment, artificial top soil, growing medium
   1-51  amendment, fertilizer, or other similar uses, including application
   1-52  to land as organic fertilizer.
   1-53        SECTION 3.  Section 63.001(8), Agriculture Code, is amended
   1-54  to read as follows:
   1-55              (8)  "Fertilizer material" means a solid or nonsolid
   1-56  substance or compound that contains an essential plant nutrient
   1-57  element in a form available to plants and is used primarily for its
   1-58  essential plant nutrient element content in promoting or
   1-59  stimulating growth of a plant or improving the quality of a crop or
   1-60  for compounding a mixed fertilizer.  The term may <does not>
   1-61  include the excreta of an animal, plant remains, or a mixture of
   1-62  those substances<, for which no claim of essential plant nutrients
   1-63  is made>.
   1-64        SECTION 4.  Section 63.051(a), Agriculture Code, is amended
   1-65  to read as follows:
   1-66        (a)  Except as provided by Subsections <Subsection> (d) and
   1-67  (e) of this section, each container of commercial fertilizer
   1-68  distributed in this state, other than customer-formula fertilizer,
    2-1  must have a label with the following information:
    2-2              (1)  the name and principal address of the person
    2-3  responsible for manufacture and distribution;
    2-4              (2)  the brand, grade, and name under which the
    2-5  fertilizer is to be distributed;
    2-6              (3)  the net weight of the fertilizer in the container;
    2-7              (4)  the guaranteed analysis of the plant nutrients in
    2-8  the fertilizer, listing the minimum percentages of primary,
    2-9  secondary, and micro plant nutrients, and other additives, in
   2-10  accordance with rules of the service; and
   2-11              (5)  other information that the service may by rule
   2-12  prescribe.
   2-13        SECTION 5.  Section 63.051, Agriculture Code, is amended by
   2-14  adding Subsection (e) to read as follows:
   2-15        (e)  Compost, as defined by Section 361.421(1), Health and
   2-16  Safety Code, that is labeled, advertised, or otherwise identified
   2-17  or sold as fertilizer without a claim of specific grade content is
   2-18  exempt from the labeling and inspection requirements of Subsections
   2-19  (a), (b), and (c).  The service shall adopt rules for labeling of
   2-20  compost that is exempt under this subsection.
   2-21        SECTION 6.  Section 63.071(h), Agriculture Code, is amended
   2-22  to read as follows:
   2-23        (h)  A person is not required to pay an inspection fee on
   2-24  compost as defined by Section 361.421, Health and Safety Code, if
   2-25  the compost is exempt from inspection under Section 63.051(e) of
   2-26  this code.
   2-27        SECTION 7.  The importance of this legislation and the
   2-28  crowded condition of the calendars in both houses create an
   2-29  emergency and an imperative public necessity that the
   2-30  constitutional rule requiring bills to be read on three several
   2-31  days in each house be suspended, and this rule is hereby suspended,
   2-32  and that this Act take effect and be in force from and after its
   2-33  passage, and it is so enacted.
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