By Madla                                               S.B. No. 425
       74R3520 MI-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to municipal solid waste disposal fees.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Sections 361.013(a) and (b), Health and Safety
    1-5  Code, are amended to read as follows:
    1-6        (a)  Except as provided by Subsection (e), the commission
    1-7  <department> shall charge a fee on municipal solid waste that is
    1-8  disposed of within this state.  The commission shall set a fee for
    1-9  disposal of municipal solid waste at a landfill in an amount not
   1-10  less than the amount of the fee set for commercial disposal of
   1-11  Class I nonhazardous industrial solid waste under Section
   1-12  361.136(b) <fee is $1.25 per ton received for disposal at a
   1-13  landfill if the solid waste is measured by weight.  If the solid
   1-14  waste is measured by volume, the fee for compacted solid waste is
   1-15  40 cents per cubic yard or, for uncompacted solid waste, 25 cents
   1-16  per cubic yard received for disposal at a landfill>.  The
   1-17  commission <department> shall set the fee for sludge or similar
   1-18  waste applied to the land for beneficial use on a dry weight basis
   1-19  and for solid waste received at an incinerator or a shredding and
   1-20  composting facility at half the fee set for solid waste received
   1-21  for disposal at a landfill.  The commission <department> may charge
   1-22  comparable fees for other means of solid waste disposal that are
   1-23  used.
   1-24        (b)  The commission <department> may raise or lower the fees
    2-1  established under Subsection (a) in accordance with commission
    2-2  <department> spending levels established by the legislature.  The
    2-3  fee for disposal of municipal solid waste at a landfill may not be
    2-4  lowered below the fee set for commercial disposal of Class I
    2-5  nonhazardous industrial solid waste under Section 361.136(b).
    2-6        SECTION 2.  The importance of this legislation and the
    2-7  crowded condition of the calendars in both houses create an
    2-8  emergency and an imperative public necessity that the
    2-9  constitutional rule requiring bills to be read on three several
   2-10  days in each house be suspended, and this rule is hereby suspended,
   2-11  and that this Act take effect and be in force from and after its
   2-12  passage, and it is so enacted.