By Kuempel                                      H.B. No. 1206

      75R3436 MI-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the composition of the Municipal Solid Waste Management

 1-3     and Resource Recovery Advisory Council.


 1-5           SECTION 1.  Section 363.041, Health and Safety Code, is

 1-6     amended to read as follows:

 1-7           Sec. 363.041.  COMPOSITION OF ADVISORY COUNCIL.  The

 1-8     Municipal Solid Waste Management and Resource Recovery Advisory

 1-9     Council is composed of the following 18 [17] members appointed by

1-10     the commission:

1-11                 (1)  an elected official from a municipality with a

1-12     population of 750,000 or more;

1-13                 (2)  an elected official from a municipality with a

1-14     population of 100,000 or more but less than 750,000;

1-15                 (3)  an elected official from a municipality with a

1-16     population of 25,000 or more but less than 100,000;

1-17                 (4)  an elected official from a municipality with a

1-18     population of less than 25,000;

1-19                 (5)  two elected officials of separate counties, one of

1-20     whom is from a county with a population of less than 150,000;

1-21                 (6)  an official from a municipality or county solid

1-22     waste agency;

1-23                 (7)  a representative from a private environmental

1-24     conservation organization;

 2-1                 (8)  a representative from a public solid waste

 2-2     district or authority;

 2-3                 (9)  a representative from a planning region;

 2-4                 (10)  a representative of the financial community;

 2-5                 (11)  a representative from a solid waste management

 2-6     organization composed primarily of commercial operators;

 2-7                 (12)  [a commission member;]

 2-8                 [(13)]  two persons representing the public who would

 2-9     not otherwise qualify as members under this section;

2-10                 (13) [(14)]  a registered[, fixed] waste tire

2-11     processor;

2-12                 (14)  a professional engineer from a private

2-13     engineering firm with experience in the design and management of

2-14     solid waste facilities or an educator with knowledge of the design

2-15     and management of solid waste facilities; [and]

2-16                 (15)  a solid waste professional with experience

2-17     managing or operating a commercial solid waste landfill; and

2-18                 (16)  a person who is experienced in the management and

2-19     operation of a composting or recycling facility [a registered,

2-20     mobile waste tire processor].

2-21           SECTION 2.  Section 363.044, Health and Safety Code, is

2-22     amended to read as follows:


2-24     (a) Each advisory council member [other than the member

2-25     representing the commission] is entitled to compensation and

2-26     reimbursement of travel expenses incurred by the member while

2-27     conducting the business of the advisory council, as provided in

 3-1     [$50 for each council meeting the member attends and the travel

 3-2     allowance provided by] the General Appropriations Act [for state

 3-3     employees].

 3-4           (b)  [The member representing the commission is entitled to

 3-5     receive the same per diem and travel allowance the member receives

 3-6     for commission meetings.]

 3-7           [(c)]  The expenses incurred by the advisory council are to

 3-8     be paid from the planning fund, the technical assistance fund, or

 3-9     other money available for that purpose.

3-10           SECTION 3.  (a)  This Act takes effect September 1, 1997.

3-11           (b)  As soon as possible after September 1, 1997, the Texas

3-12     Natural Resource Conservation Commission shall appoint to the

3-13     Municipal Solid Waste Management and Resource Recovery Advisory

3-14     Council the members designated by Sections 363.041(13), (14), and

3-15     (15), Health and Safety Code, as amended by this Act, and by

3-16     Section 363.041(16), Health and Safety Code, as added by this Act.

3-17     A member serving on the Municipal Solid Waste Management and

3-18     Resource Recovery Advisory Council on August 31, 1997, whose term

3-19     expires on September 1, 1997, under this Act, continues to serve

3-20     until the member's replacement is appointed by the commission.

3-21           SECTION 4.  The importance of this legislation and the

3-22     crowded condition of the calendars in both houses create an

3-23     emergency and an imperative public necessity that the

3-24     constitutional rule requiring bills to be read on three several

3-25     days in each house be suspended, and this rule is hereby suspended.