1-1     By:  Kuempel (Senate Sponsor - Fraser)                H.B. No. 1206

 1-2           (In the Senate - Received from the House April 4, 1997;

 1-3     April 8, 1997, read first time and referred to Committee on Natural

 1-4     Resources; May 9, 1997, reported favorably, as amended, by the

 1-5     following vote:  Yeas 8, Nays 0; May 9, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                               By:  Fraser

 1-7     Amend H.B. No. 1206 as follows:

 1-8           (1)  In SECTION 1, Subdivision (14), Section 363.041, at page

 1-9     1, line 52, after "facilities" strike "or an educator with

1-10     knowledge of the design and management of solid waste facilities"

1-11           (2)  In SECTION 1, Subdivision (16), Section 363.041, at page

1-12     1, line 57, after "facility" insert "or an educator with knowledge

1-13     of the design and management of solid waste facilities"

1-14                            A BILL TO BE ENTITLED

1-15                                   AN ACT

1-16     relating to the composition of the Municipal Solid Waste Management

1-17     and Resource Recovery Advisory Council.

1-18           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-19           SECTION 1.  Section 363.041, Health and Safety Code, is

1-20     amended to read as follows:

1-21           Sec. 363.041.  COMPOSITION OF ADVISORY COUNCIL.  The

1-22     Municipal Solid Waste Management and Resource Recovery Advisory

1-23     Council is composed of the following 18 [17] members appointed by

1-24     the commission:

1-25                 (1)  an elected official from a municipality with a

1-26     population of 750,000 or more;

1-27                 (2)  an elected official from a municipality with a

1-28     population of 100,000 or more but less than 750,000;

1-29                 (3)  an elected official from a municipality with a

1-30     population of 25,000 or more but less than 100,000;

1-31                 (4)  an elected official from a municipality with a

1-32     population of less than 25,000;

1-33                 (5)  two elected officials of separate counties, one of

1-34     whom is from a county with a population of less than 150,000;

1-35                 (6)  an official from a municipality or county solid

1-36     waste agency;

1-37                 (7)  a representative from a private environmental

1-38     conservation organization;

1-39                 (8)  a representative from a public solid waste

1-40     district or authority;

1-41                 (9)  a representative from a planning region;

1-42                 (10)  a representative of the financial community;

1-43                 (11)  a representative from a solid waste management

1-44     organization composed primarily of commercial operators;

1-45                 (12)  [a commission member;]

1-46                 [(13)]  two persons representing the public who would

1-47     not otherwise qualify as members under this section;

1-48                 (13) [(14)]  a registered[, fixed] waste tire

1-49     processor;

1-50                 (14)  a professional engineer from a private

1-51     engineering firm with experience in the design and management of

1-52     solid waste facilities or an educator with knowledge of the design

1-53     and management of solid waste facilities; [and]

1-54                 (15)  a solid waste professional with experience

1-55     managing or operating a commercial solid waste landfill; and

1-56                 (16)  a person who is experienced in the management and

1-57     operation of a composting or recycling facility [a registered,

1-58     mobile waste tire processor].

1-59           SECTION 2.  Section 363.044, Health and Safety Code, is

1-60     amended to read as follows:

1-61           Sec. 363.044.  PAYMENT OF AND REIMBURSEMENT FOR EXPENSES.

1-62     (a) Each advisory council member [other than the member

1-63     representing the commission] is entitled to compensation and

1-64     reimbursement of travel expenses incurred by the member while

 2-1     conducting the business of the advisory council, as provided in

 2-2     [$50 for each council meeting the member attends and the travel

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

 2-4     employees].

 2-5           (b)  [The member representing the commission is entitled to

 2-6     receive the same per diem and travel allowance the member receives

 2-7     for commission meetings.]

 2-8           [(c)]  The expenses incurred by the advisory council are to

 2-9     be paid from the planning fund, the technical assistance fund, or

2-10     other money available for that purpose.

2-11           SECTION 3.  (a)  This Act takes effect September 1, 1997.

2-12           (b)  As soon as possible after September 1, 1997, the Texas

2-13     Natural Resource Conservation Commission shall appoint to the

2-14     Municipal Solid Waste Management and Resource Recovery Advisory

2-15     Council the members designated by Sections 363.041(13), (14), and

2-16     (15), Health and Safety Code, as amended by this Act, and by

2-17     Section 363.041(16), Health and Safety Code, as added by this Act.

2-18     A member serving on the Municipal Solid Waste Management and

2-19     Resource Recovery Advisory Council on August 31, 1997, whose term

2-20     expires on September 1, 1997, under this Act, continues to serve

2-21     until the member's replacement is appointed by the commission.

2-22           SECTION 4.  The importance of this legislation and the

2-23     crowded condition of the calendars in both houses create an

2-24     emergency and an imperative public necessity that the

2-25     constitutional rule requiring bills to be read on three several

2-26     days in each house be suspended, and this rule is hereby suspended.

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