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.