ACG H.B. 717 75(R)BILL ANALYSIS


ENVIRONMENTAL REGULATION
H.B. 717
By: Bosse
3-4-97
Committee Report (Substituted)

BACKGROUND 

According to Health and Safety Section 365.012(j), illegal dumping laws do
not apply to the "disposal of, or temporary storage for future disposal
of, litter or other solid waste by a person on land owned by that person,
or by that person's agent."  The current language of this section leaves
an open door for unauthorized dumping of commercial waste that is imported
to a person's land. 


PURPOSE

HB 717 tightens the restrictions to allow a landowner to temporarily store
or dump litter or solid waste on his or her own property only if that
waste is generated on that land or from the landowner's residence. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 


SECTION BY SECTION ANALYSIS

SECTION 1: Section 365.012(j), Health and Safety Code, is amended to
stipulate that an individual's disposal of waste generated on land the
individual owns, and disposed of or stored on land the individual owns is
not considered illegal dumping if the disposal is not for commercial
purpose; deletes application of this section to an individual's agent. 

SECTION 2: Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

HB 717 includes an exception for waste generated from the individual's
residence. 
CSHB 717 does not include an exception for waste generated from the
individual's residence. 

HB 717 does not have a requirement that the disposal must not be for a
commercial purpose. 
CSHB 717 includes the requirement that disposal may not be for a
commercial purpose.