By Chisum                                             H.B. No. 3119
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the use of solid waste fee revenues.
 1-4           SECTION 1.  Section 361.014, Health and Safety Code, is
 1-5     amended to read as follows:
 1-6           Sec. 361.014.  Use of Solid Waste Fee Revenue.  (a)  Revenue
 1-7     received by the commission under Section 361.013 shall be deposited
 1-8     in the state treasury to the credit of the commission.  At least
 1-9     half [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
 2-1     proportionate to the amount of waste generated;
 2-2                 (3)  provision of technical assistance to local
 2-3     governments concerning solid waste management;
 2-4                 (4)  establishment of a solid waste resource center in
 2-5     the commission and an office of waste minimization and recycling;
 2-6                 (5)  provision of supplemental funding to local
 2-7     governments for the enforcement of this chapter, the Texas Litter
 2-8     Abatement Act (Chapter 365), and Chapters 391 and 683,
 2-9     Transportation Code;
2-10                 (6)  conduct of a statewide public awareness program
2-11     concerning solid waste management;
2-12                 (7)  provision of supplemental funds for other state
2-13     agencies with responsibilities concerning solid waste management,
2-14     recycling, and other initiatives with the purpose of diverting
2-15     recyclable waste from landfills;
2-16                 (8)  conduct of research to promote the development and
2-17     stimulation of markets for recycled waste products;
2-18                 (9)  creation of a state municipal solid waste
2-19     superfund for:
2-20                       (A)  the cleanup of unauthorized tire dumps and
2-21     solid waste dumps for which a responsible party cannot be located
2-22     or is not immediately financially able to provide the cleanup; and
2-23                       (B)  the cleanup or proper closure of abandoned
2-24     or contaminated municipal solid waste sites for which a responsible
2-25     party is not immediately financially able to provide the cleanup;
 3-1                 (10)  provision of funds to mitigate the economic and
 3-2     environmental impacts of lead-acid battery recycling activities on
 3-3     local governments; [and]
 3-4                 (11)  provision of funds for the conduct of research by
 3-5     a public or private entity to assist the state in developing new
 3-6     technologies and methods to reduce the amount of municipal waste
 3-7     disposed of in landfills; and
 3-8                 (12)  provision of funds for other programs that the
 3-9     commission may consider appropriate to further the purposes of this
3-10     chapter.
3-11           [(b)  Half of the revenue is dedicated to local and regional
3-12     solid waste projects consistent with regional plans approved by the
3-13     commission in accordance with this chapter and to update and
3-14     maintain those plans.  Those revenues shall be allocated to
3-15     municipal solid waste geographic planning regions for use by local
3-16     governments and regional planning commissions according to a
3-17     formula established by the commission that takes into account
3-18     population, area, solid waste fee generation, and public health
3-19     needs.  Each planning region shall issue a biennial report to the
3-20     legislature detailing how the revenue is spent.  A project or
3-21     service funded under this subsection must promote cooperation
3-22     between public and private entities and may not be otherwise
3-23     readily available or create a competitive advantage over a private
3-24     industry that provides recycling or solid waste services.]
3-25           [(c)  Revenue derived from fees charged under Section
 4-1     361.013(c) to a transporter of whole used or scrap tires or
 4-2     shredded tire pieces shall be deposited to the credit of the waste
 4-3     tire recycling account.]
 4-4           (b) [(d)]  Revenues allocated to the commission for the
 4-5     purposes authorized by Subsection (a) shall be deposited to the
 4-6     credit of the waste management account.  [Revenues allocated to
 4-7     local and regional solid waste projects shall be deposited to the
 4-8     credit of an account in the general revenue fund known as the
 4-9     municipal solid waste disposal account.]
4-10           SECTION 2.  The importance of this legislation and the
4-11     crowded condition of the calendars in both houses create an
4-12     emergency and an imperative public necessity that the
4-13     constitutional rule requiring bills to be read on three several
4-14     days in each house be suspended, and this rule is hereby suspended,
4-15     and that this Act take effect and be in force from and after its
4-16     passage, and it is so enacted.