BWH C.S.H.B. 3213 75(R)BILL ANALYSIS


COUNTY AFFAIRS
C.S.H.B. 3213
By: Elkins
4-25-97
Committee Report (Substituted)



BACKGROUND 

The disposal of municipal solid waste is regulated by the Texas Natural
Resource Conservation Commission.  Section 361.003 of the Health and
Safety Code defines "municipal solid waste" as "solid waste resulting from
or incidental to municipal, community, commercial, institutional, or
recreational activities, and includes garbage, rubbish, ashes, street
cleaning, dead animals, abandoned automobiles, and other solid waste other
than industrial waste."  Because the term "dead animals" is included in
the definition of municipal solid waste, it may be technically considered
a violation of the Act to bury dead-animal carcass remains, no matter how
decimated, on the roadside or on other governmentally-owned property.
Roadside burial of animals is the most practical, cost effective, and
sanitary means of disposal and is practiced by local governments
statewide. 

PURPOSE

This bill would clarify that local governments may dispose of animal
carcasses by burial without a permit and requires that burial be
consistent with the protection of public health. 

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. Amends Chapter 361, Subchapter C, of the Health and Safety Code
by adding Section 361.116 which provides that counties and municipalities
may dispose of animals killed on their roadways by burial on property
owned by the entity having responsibility for road maintenance, and that
no permit is required for such disposal.  The section also requires that
disposal by burial shall be conducted in a manner consistent with public
health. 

SECTION 2. Effective date.  This bill takes effect September 1, 1997.

SECTION 3. Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute is a Legislative Council draft of the original, and it
makes no substantive changes.