SRC-MWN H.B. 2271 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2271
By: Howard (Duncan)
Natural Resources
5/11/2001
Engrossed


DIGEST AND PURPOSE 

Although Texas has strict laws regarding landfills and illegal trash
dumping, a loophole exists which allows an illegal trash dump to circumvent
legal requirements by calling itself a recycling center, despite the fact
that little or no recycling may be done. Under current law, there are no
standards governing recycling centers, and it is difficult for authorities
to take appropriate action against an entity which is simply calling itself
a recycling center to avoid having to comply with waste management laws.
H.B. 2271 requires the Texas Natural Resource Conservation Commission to
ensure that a solid waste processing facility is not allowed to operate as
an unregulated recycling facility.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Natural Resource
Conservation Commission in SECTIONS 1 (Section 361.119, Health and Safety
Code) and 2 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 361C, Health and Safety Code, by adding Section
361.119, as follows: 

Sec. 361.119.  REGULATION OF CERTAIN FACILITIES AS SOLID WASTE FACILITIES.
(a)  Requires the Texas Natural Resource Conservation Commission
(commission) by rule to ensure that a solid waste processing facility the
primary function of which is the transfer of solid waste is regulated as a
solid waste facility under this chapter and is not allowed to operate
unregulated as a recycling facility. 

(b)  Provides that a facility and the operations conducted and materials
handled at the facility are not subject to regulation under rules adopted
under this section if the owner or operator of the facility demonstrates
certain facts.  

SECTION 2. Requires the commission to adopt rules as necessary to implement
the changes in law made by this Act as soon after the effective date of
this Act as is practicable. 

SECTION 3. Effective date: upon passage or September 1, 2001.