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.