Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Mowery H.B. No. 3006
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to composting facilities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter N, Chapter 361, Health and Safety
1-5 Code, Section 361.428 is amended by adding subsections (d)-(i) to
1-6 read as follows:
1-7 (d) All composting facilities authorized by the commission
1-8 shall submit to the commission for approval evidence of financial
1-9 responsibility in the amount adequate to assure proper cleanup and
1-10 closure of the facility.
1-11 (e) A composting facility shall submit to the commission an
1-12 estimate of the total cost expected from cleanup and closure of the
1-13 facility.
1-14 (f) The commission shall evaluate and may amend an estimate
1-15 under Subsection (e) and shall determine for each facility the
1-16 amount for which evidence of financial responsibility is required.
1-17 (g) Evidence of financial responsibility may be in the form
1-18 of:
1-19 (1) a surety bond or a letter of credit acceptable to
1-20 the commission that is from a financial institution, a trust fund,
1-21 or insurance; or
1-22 (2) a self-insurance test designed by the commission
1-23 for a publicly-owned facility.
1-24 (h) The commission shall exempt a composting facility from
2-1 meeting the financial responsibility requirement under Subsection
2-2 (e) if such facility is operated on or adjacent to a permitted
2-3 solid waste facility.
2-4 (i) A composting facility shall submit to the commission
2-5 proof that the facility has met acceptable municipal or county fire
2-6 regulations.
2-7 SECTION 2. This Act takes effect September 1, 1997.
2-8 SECTION 3. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended,
2-13 and that this Act take effect and be in force according to its
2-14 terms, and it is so enacted.