ACG H.B. 1206 75(R)BILL ANALYSIS

ENVIRONMENTAL REGULATION
H.B. 1206
By: Kuempel
3-4-97
Committee Report (Unamended)

BACKGROUND 

The Municipal Solid Waste Management and Resource Recovery Advisory
Council (the Council) was created by statute to advise the Municipal Solid
Waste (MSW) Management Program, at the time under the Texas Department of
Health.  The Municipal Solid Waste Program was moved in March of 1992 from
the Department of Health to what is now the Texas Natural Resource
Conservation Commission (TNRCC).  Both the MSW Management Program and the
Council were moved to TNRCC as well. 

The Council currently consists of six elected officials and eleven members
representing a variety of constituencies and the public.  Some of these
constituencies no longer have a need to be represented on the Council;
some constituencies need to be represented but are not. 

PURPOSE

HB 1206 will update the requirements for the composition of the Advisory
Council by deleting two positions, changing one and adding three new ones. 

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 363.041, Health and Safety Code is amended as follows:
 The Council is expanded from 17 to 18 members.
 (12)  The commission member is deleted. 
 (13)  The registered, fixed waste tire processor is changed to registered
waste tire processor.   
 (14)  Adds a professional engineer or an educator with knowledge of solid
waste facilities. 
 (15)  A solid waste professional is added.  
 (16)  The position for a registered, mobile waste tire processor is
deleted.  A person experienced in a composting or recycling facility is
added. 

SECTION 2. Section 363.044, Health and Safety Code is amended to authorize
reimbursement of travel expenses to Council members as provided by the
General Appropriations Act.  The authorization both to pay Council members
$50 per meeting and to reimburse the commissioner's travel expenses is
removed. 

SECTION 3. Effective date: September 1, 1997.
 Requires the TNRCC to appoint the new Council members as soon as possible
after the effective date, and specifies that a member whose term expires
on the effective date shall serve until a replacement is appointed. 

SECTION 4. Emergency clause.