By Fraser S.B. No. 1327
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.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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:
2-23 Sec. 363.044. PAYMENT OF AND REIMBURSEMENT FOR EXPENSES.
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.