77R11753 SMH-F                           
         By Howard, Isett                                      H.B. No. 2271
         Substitute the following for H.B. No. 2271:
         By Howard                                         C.S.H.B. No. 2271
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of certain facilities as solid waste
 1-3     facilities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter C, Chapter 361, Health and Safety Code,
 1-6     is amended by adding Section 361.119 to read as follows:
 1-7           Sec. 361.119.  REGULATION OF CERTAIN FACILITIES AS SOLID
 1-8     WASTE FACILITIES. (a)  The commission by rule shall ensure that a
 1-9     solid waste processing facility the primary function of which is
1-10     the transfer of solid waste is regulated as a solid waste facility
1-11     under this chapter and is not allowed to operate unregulated as a
1-12     recycling facility.
1-13           (b)  A facility and the operations conducted and materials
1-14     handled at the facility are not subject to regulation under rules
1-15     adopted under this section if the owner or operator of the facility
1-16     demonstrates that:
1-17                 (1)  the primary function of the facility is to process
1-18     materials that have a resale value greater than the cost of
1-19     processing the materials for subsequent beneficial use; and
1-20                 (2)  the solid waste generated from processing the
1-21     materials is disposed of in a solid waste facility authorized under
1-22     this chapter, with the exception of small amounts of solid waste
1-23     that may be inadvertently and unintentionally disposed of in
1-24     another manner.
 2-1           SECTION 2. The Texas Natural Resource Conservation Commission
 2-2     shall adopt rules as necessary to implement the changes in law made
 2-3     by this Act as soon after the effective date of this Act as is
 2-4     practicable.
 2-5           SECTION 3.  This Act takes effect immediately if it receives
 2-6     a vote of two-thirds of all the members elected to each house, as
 2-7     provided by Section 39, Article III, Texas Constitution.  If this
 2-8     Act does not receive the vote necessary for immediate effect, this
 2-9     Act takes effect September 1, 2001.