1-1 By: Gallego (Senate Sponsor - Shapiro) H.B. No. 3072
1-2 (In the Senate - Received from the House May 3, 1995;
1-3 May 4, 1995, read first time and referred to Committee on Natural
1-4 Resources; May 12, 1995, reported favorably, as amended, by the
1-5 following vote: Yeas 9, Nays 0; May 12, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Nixon
1-7 Amend H.B. 3072 as follows:
1-8 In SECTION 1, amend subsection (a) of Section 361.014, Health
1-9 and Safety Code, by striking subdivision (12).
1-10 A BILL TO BE ENTITLED
1-11 AN ACT
1-12 relating to the use of solid waste fee revenues.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 361.014, Health and Safety Code, is
1-15 amended to read as follows:
1-16 Sec. 361.014. Use of Solid Waste Fee Revenue. (a) Revenue
1-17 received by the commission under Section 361.013 shall be deposited
1-18 in the state treasury to the credit of the commission. Half of <At
1-19 least half> the revenue is dedicated to the commission's municipal
1-20 solid waste permitting and enforcement programs and related support
1-21 activities<,> and <the balance of the revenue is dedicated> to pay
1-22 for activities that will enhance the state's solid waste management
1-23 program, including:
1-24 (1) provision of funds for the municipal solid waste
1-25 management planning fund and the municipal solid waste resource
1-26 recovery applied research and technical assistance fund established
1-27 by the Comprehensive Municipal Solid Waste Management, Resource
1-28 Recovery, and Conservation Act (Chapter 363);
1-29 (2) conduct of demonstration projects and studies to
1-30 help local governments of various populations and the private
1-31 sector to convert to accounting systems and set rates that reflect
1-32 the full costs of providing waste management services and are
1-33 proportionate to the amount of waste generated;
1-34 (3) provision of technical assistance to local
1-35 governments concerning solid waste management;
1-36 (4) establishment of a solid waste resource center in
1-37 the department and an office of waste minimization and recycling;
1-38 (5) provision of supplemental funding to local
1-39 governments for the enforcement of this chapter, the Texas Litter
1-40 Abatement Act (Chapter 365), and Chapter 741, Acts of the 67th
1-41 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
1-42 Civil Statutes);
1-43 (6) conduct of a statewide public awareness program
1-44 concerning solid waste management;
1-45 (7) provision of supplemental funds for other state
1-46 agencies with responsibilities concerning solid waste management,
1-47 recycling, and other initiatives with the purpose of diverting
1-48 recyclable waste from landfills;
1-49 (8) conduct of research to promote the development and
1-50 stimulation of markets for recycled waste products;
1-51 (9) creation of a state municipal solid waste
1-52 superfund for:
1-53 (A) the cleanup of unauthorized tire dumps and
1-54 solid waste dumps for which a responsible party cannot be located
1-55 or is not immediately financially able to provide the cleanup; and
1-56 (B) the cleanup or proper closure of abandoned
1-57 or contaminated municipal solid waste sites for which a responsible
1-58 party is not immediately financially able to provide the cleanup;
1-59 (10) provision of funds to mitigate the economic and
1-60 environmental impacts of lead-acid battery recycling activities on
1-61 local governments;
1-62 (11) provision of funds for the conduct of research by
1-63 a public or private entity to assist the state in developing new
1-64 technologies and methods to reduce the amount of municipal waste
1-65 disposed of in landfills; and
1-66 (12) provision of funds for other programs that the
1-67 commission may consider appropriate to further the purposes of this
1-68 chapter.
2-1 (b) Half of the revenue is dedicated to local and regional
2-2 solid waste projects consistent with regional plans approved by the
2-3 commission in accordance with this chapter and to update and
2-4 maintain those plans. Those revenues shall be allocated to
2-5 municipal solid waste geographic planning regions for use by local
2-6 governments and regional planning commissions according to a
2-7 formula established by the commission that takes into account
2-8 population, area, solid waste fee generation, and public health
2-9 needs. Each planning region shall issue a biennial report to the
2-10 legislature detailing how the revenue is spent. A project or
2-11 service funded under this subsection must promote cooperation
2-12 between public and private entities and may not be otherwise
2-13 readily available or create a competitive advantage over a private
2-14 industry that provides recycling or solid waste services.
2-15 (c) Revenue derived from fees charged under Section
2-16 361.013(c) to a transporter of whole used or scrap tires or
2-17 shredded tire pieces shall be deposited to the credit of the waste
2-18 tire recycling fund.
2-19 SECTION 2. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended,
2-24 and that this Act take effect and be in force from and after its
2-25 passage, and it is so enacted.
2-26 * * * * *