75R12240 JJT-F
By Gallego H.B. No. 3164
Substitute the following for H.B. No. 3164:
By Kuempel C.S.H.B. No. 3164
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of solid waste fee revenues.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 361.014, Health and Safety Code, is
1-5 amended by amending Subsection (a) and adding Subsection (d) to
1-6 read as follows:
1-7 (a) Revenue received by the commission under Section 361.013
1-8 shall be deposited in the state treasury to the credit of the
1-9 commission. Half of the revenue is dedicated to the commission's
1-10 municipal solid waste permitting and enforcement programs and
1-11 related support activities and to pay for activities that will
1-12 enhance the state's solid waste management program, including:
1-13 (1) provision of funds for the municipal solid waste
1-14 management planning fund and the municipal solid waste resource
1-15 recovery applied research and technical assistance fund established
1-16 by the Comprehensive Municipal Solid Waste Management, Resource
1-17 Recovery, and Conservation Act (Chapter 363);
1-18 (2) conduct of demonstration projects and studies to
1-19 help local governments of various populations and the private
1-20 sector to convert to accounting systems and set rates that reflect
1-21 the full costs of providing waste management services and are
1-22 proportionate to the amount of waste generated;
1-23 (3) provision of technical assistance to local
1-24 governments concerning solid waste management;
2-1 (4) establishment of a solid waste resource center in
2-2 the commission and an office of waste minimization and recycling;
2-3 (5) provision of supplemental funding to local
2-4 governments for the enforcement of this chapter, the Texas Litter
2-5 Abatement Act (Chapter 365), and Chapters 391 and 683,
2-6 Transportation Code [Chapter 741, Acts of the 67th Legislature,
2-7 Regular Session, 1981 (Article 4477-9a, Vernon's Texas Civil
2-8 Statutes)];
2-9 (6) conduct of a statewide public awareness program
2-10 concerning solid waste management;
2-11 (7) provision of supplemental funds for other state
2-12 agencies with responsibilities concerning solid waste management,
2-13 recycling, and other initiatives with the purpose of diverting
2-14 recyclable waste from landfills;
2-15 (8) conduct of research to promote the development and
2-16 stimulation of markets for recycled waste products;
2-17 (9) provision of money to:
2-18 (A) ensure that threats to the public health or
2-19 safety that may be posed by closed or abandoned [creation of a
2-20 state] municipal solid waste disposal sites are adequately
2-21 assessed; and
2-22 (B) provide for the immediate response to closed
2-23 or abandoned solid waste disposal sites demonstrated to represent
2-24 an imminent threat to public health or safety [superfund for:]
2-25 [(A) the cleanup of unauthorized tire dumps and
2-26 solid waste dumps for which a responsible party cannot be located
2-27 or is not immediately financially able to provide the cleanup; and]
3-1 [(B) the cleanup or proper closure of abandoned
3-2 or contaminated municipal solid waste sites for which a responsible
3-3 party is not immediately financially able to provide the cleanup];
3-4 (10) provision of funds to mitigate the economic and
3-5 environmental impacts of lead-acid battery recycling activities on
3-6 local governments; and
3-7 (11) provision of funds for the conduct of research by
3-8 a public or private entity to assist the state in developing new
3-9 technologies and methods to reduce the amount of municipal waste
3-10 disposed of in landfills.
3-11 (d) The commission may undertake assessment or response
3-12 action for a closed or abandoned municipal solid waste disposal
3-13 site if the responsible party:
3-14 (1) cannot be located; or
3-15 (2) is not financially able to provide the cleanup
3-16 immediately.
3-17 SECTION 2. Notwithstanding the dedications provided by
3-18 Sections 361.014(a) and (b), Health and Safety Code, revenue
3-19 received by the Texas Natural Resource Conservation Commission
3-20 under Section 361.013, Health and Safety Code, may be appropriated
3-21 for any purpose provided by Section 361.014(a)(9), Health and
3-22 Safety Code, as amended by this Act, for the fiscal biennium that
3-23 ends August 31, 1999.
3-24 SECTION 3. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended,
4-2 and that this Act take effect and be in force from and after its
4-3 passage, and it is so enacted.