BWH S.B. 1782 75(R)BILL ANALYSIS


COUNTY AFFAIRS
S.B. 1782
By: Lindsay (Elkins)
5-5-97
Committee Report (Unamended)


BACKGROUND 

Currently, the disposal of municipal solid waste is regulated by the Texas
Natural Resource Conservation Commission.  Because the definition of "dead
animals" is included in the definition of municipal solid waste, it may be
a technical violation of the Health and Safety Code to bury dead animal
carcass remains on the roadside or on other governmentally owned property.
This bill authorizes local governments to dispose of animal carcasses by
burial without a permit and requires the burial to be consistent with the
protection of public health. 

PURPOSE

This legislation authorizes local governments to dispose of animal
carcasses by burial without a permit and requires the burial to 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 361C, Health and Safety Code, by adding Section
361.116, as follows: 

Sec. 361.116. DISPOSAL OF CARCASSES OF ANIMALS KILLED ON ROADWAYS.
Authorizes counties and municipalities to dispose of the carcasses of
animals killed on county or municipal roadways by burying the carcasses on
property owned by the entity who is responsible for road maintenance,
notwithstanding any other provision of this chapter. Provides that no
permit is required to dispose of animal carcasses on county or municipal
property.  Requires disposal to be conducted in a manner consistent with
public health. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.