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.