1-1 By: Howard, Isett (Senate Sponsor - Duncan) H.B. No. 2271 1-2 (In the Senate - Received from the House May 11, 2001; 1-3 May 11, 2001, read first time and referred to Committee on Natural 1-4 Resources; May 11, 2001, reported favorably by the following vote: 1-5 Yeas 6, Nays 0; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the regulation of certain facilities as solid waste 1-9 facilities. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter C, Chapter 361, Health and Safety Code, 1-12 is amended by adding Section 361.119 to read as follows: 1-13 Sec. 361.119. REGULATION OF CERTAIN FACILITIES AS SOLID 1-14 WASTE FACILITIES. (a) The commission by rule shall ensure that a 1-15 solid waste processing facility the primary function of which is 1-16 the transfer of solid waste is regulated as a solid waste facility 1-17 under this chapter and is not allowed to operate unregulated as a 1-18 recycling facility. 1-19 (b) A facility and the operations conducted and materials 1-20 handled at the facility are not subject to regulation under rules 1-21 adopted under this section if the owner or operator of the facility 1-22 demonstrates that: 1-23 (1) the primary function of the facility is to process 1-24 materials that have a resale value greater than the cost of 1-25 processing the materials for subsequent beneficial use; and 1-26 (2) the solid waste generated from processing the 1-27 materials is disposed of in a solid waste facility authorized under 1-28 this chapter, with the exception of small amounts of solid waste 1-29 that may be inadvertently and unintentionally disposed of in 1-30 another manner. 1-31 SECTION 2. The Texas Natural Resource Conservation Commission 1-32 shall adopt rules as necessary to implement the changes in law made 1-33 by this Act as soon after the effective date of this Act as is 1-34 practicable. 1-35 SECTION 3. This Act takes effect immediately if it receives 1-36 a vote of two-thirds of all the members elected to each house, as 1-37 provided by Section 39, Article III, Texas Constitution. If this 1-38 Act does not receive the vote necessary for immediate effect, this 1-39 Act takes effect September 1, 2001. 1-40 * * * * *