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.
2-34 * * * * *