1-1                                   AN ACT

 1-2     relating to the disposal or temporary storage of litter or solid

 1-3     waste.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 365.011(1), Health and Safety Code, is

 1-6     amended to read as follows:

 1-7                 (1)  "Approved solid waste site" means:

 1-8                       (A)  a solid waste site permitted or registered

 1-9     by the Texas Natural Resource Conservation Commission;

1-10                       (B)  a solid waste site licensed by a county

1-11     under Chapter 361; or

1-12                       (C)  a designated collection area for ultimate

1-13     disposal at a permitted or licensed municipal solid waste site.

1-14           SECTION 2.  Section 365.012, Health and Safety Code, is

1-15     amended by amending Subsection (j), adding a new Subsection (k),

1-16     and relettering existing Subsection (k) as Subsection (l) to read

1-17     as follows:

1-18           (j)  This section does not apply to the [disposal of, or]

1-19     temporary storage for future disposal of [,] litter or other solid

1-20     waste by a person on land owned by that person, or by that person's

1-21     agent.  The commission by rule shall regulate temporary storage for

1-22     future disposal of litter or other solid waste by a person on land

1-23     owned by the person or the person's agent.

1-24           (k)  This section does not apply to an individual's disposal

 2-1     of litter or other solid waste if:

 2-2                 (1)  the litter or waste is generated on land the

 2-3     individual owns;

 2-4                 (2)  the litter or waste is not generated as a result

 2-5     of an activity related to a commercial purpose;

 2-6                 (3)  the disposal occurs on land the individual owns;

 2-7     and

 2-8                 (4)  the disposal is not for a commercial purpose.

 2-9           (l) [(k)]  A municipality or county may offer a reward of $50

2-10     for reporting a violation of this section that results in a

2-11     prosecution under this section.

2-12           SECTION 3.  The importance of this legislation and the

2-13     crowded condition of the calendars in both houses create an

2-14     emergency and an imperative public necessity that the

2-15     constitutional rule requiring bills to be read on three several

2-16     days in each house be suspended, and this rule is hereby suspended,

2-17     and that this Act take effect and be in force from and after its

2-18     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 717 was passed by the House on March

         25, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 717 on May 12, 1997, by the following

         vote:  Yeas 138, Nays 0, 1 present, not voting.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 717 was passed by the Senate, with

         amendments, on May 8, 1997, by the following vote:  Yeas 29, Nays

         0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor