By Alexander                                          H.B. No. 1674

         75R4694 SMH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to an exemption from emissions monitoring requirements for

 1-3     certain  small incinerators.

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

 1-5           SECTION 1.  Subchapter B, Chapter 382, Health and Safety

 1-6     Code, is amended by adding Section 382.0196 to read as follows:

 1-7           Sec. 382.0196.  EXEMPTION FROM MONITORING REQUIREMENTS FOR

 1-8     CERTAIN SMALL INCINERATORS.  A dual-chambered incinerator is not

 1-9     required to be equipped with an emissions monitoring device if the

1-10     incinerator:

1-11                 (1)  has a manufacturer's rated capacity of not more

1-12     than 500 pounds per hour for Type 0, 1, or 2 waste as described by

1-13     30 T.A.C.  Chapter 116; and

1-14                 (2)  is used only to burn waste specified by

1-15     Subdivision (1).

1-16           SECTION 2.  (a)  The change in law made by this Act applies

1-17     only to an offense committed on or after the effective date of this

1-18     Act or a violation of a rule of the Texas Natural Resource

1-19     Conservation Commission that occurs on or after that date.  For

1-20     purposes of this section, an offense is committed or a violation

1-21     occurs before the effective date of this Act if any element of the

1-22     offense or violation occurs before that date.

1-23           (b)  An offense committed or violation that occurs before the

1-24     effective date of this Act is covered by the law in effect when the

 2-1     offense was committed or the violation occurred, and the former law

 2-2     is continued in effect for that purpose.

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

 2-4     crowded condition of the calendars in both houses create an

 2-5     emergency and an imperative public necessity that the

 2-6     constitutional rule requiring bills to be read on three several

 2-7     days in each house be suspended, and this rule is hereby suspended,

 2-8     and that this Act take effect and be in force from and after its

 2-9     passage, and it is so enacted.

2-10                          COMMITTEE AMENDMENT NO. 1

2-11           Amend House Bill 1674 as follows:

2-12           On Page 1, Section 1, Line 13, after 30, delete "Chapter 116"

2-13     and add "Section 106.491, as it existed on the effective date of

2-14     this Act."

2-15                                                                 Jackson