By Turner of Harris H.B. No. 1899
77R3654 JAT-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to solid waste disposal.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 361.013(g), Health and Safety Code, is
1-5 amended to read as follows:
1-6 (g) The commission shall allow a home-rule municipality that
1-7 has enacted an ordinance imposing a local environmental protection
1-8 fee for disposal services as of January 1, 2002 [1993], to offer
1-9 [disposal or] environmental programs or services to persons within
1-10 its jurisdiction, from the revenues generated by said fee, as such
1-11 services are required by state or federal mandates. If such
1-12 services or programs are offered, the home-rule municipality may
1-13 require their use by those persons within its jurisdiction.
1-14 SECTION 2. Section 361.014(b), Health and Safety Code, is
1-15 amended to read as follows:
1-16 (b) Half of the revenue is dedicated to local and regional
1-17 solid waste projects consistent with regional plans approved by the
1-18 commission in accordance with this chapter and to update and
1-19 maintain those plans. Those revenues shall be allocated to
1-20 [municipal solid waste geographic planning regions for use by]
1-21 local governments and regional planning commissions according to a
1-22 formula established by the commission in consultation with the
1-23 local governments and regional planning commissions that takes into
1-24 account population, area, solid waste fee generation, and public
2-1 health needs. Each local government and planning commission shall
2-2 submit a biennial report to the commission detailing how the
2-3 revenue is spent. The commission shall submit a summary of the
2-4 report as part of its annual report under Section 5.178, Water
2-5 Code. [Each planning region shall issue a biennial report to the
2-6 legislature detailing how the revenue is spent.] A project or
2-7 service funded under this subsection must promote cooperation
2-8 between public and private entities and may not be otherwise
2-9 readily available or create a competitive advantage over a private
2-10 industry that provides recycling or solid waste services.
2-11 SECTION 3. Section 5.178(b), Water Code, is amended to read
2-12 as follows:
2-13 (b) The report due by December 1 of an even-numbered year
2-14 shall include, in addition:
2-15 (1) the commission's recommendations for necessary and
2-16 desirable legislation; and
2-17 (2) the following reports:
2-18 (A) the assessments and reports required by
2-19 Sections 361.014, 361.0219(c), 361.0232, 361.485, 361.510, 371.063,
2-20 and 382.141, Health and Safety Code; and
2-21 (B) the reports required by Section 26.0135(d)
2-22 of this code and Section 5.02, Chapter 133, Acts of the 69th
2-23 Legislature, Regular Session, 1985.
2-24 SECTION 4. This Act takes effect September 1, 2001.