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.
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