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.
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