SRC-TJG S.B. 585 78(R)BILL ANALYSIS


Senate Research CenterS.B. 585
By: Duncan
Natural Resources
7/8/2003
Enrolled


DIGEST AND PURPOSE 

Currently, certain recycling facilities may not be able to meet the new
recycling center regulations set by the Texas Commission on Environmental
Quality (TCEQ), and will have to be cleaned up or closed.  However, there
is no funding available at the local or federal level to assist a local
government in these types of actions.  S.B. 585 adds remediation, cleanup,
and closure of unpermitted solid waste facilities to the list of
activities that qualify for TCEQ grants that are funded by the municipal
solid waste superfund.  This bill also authorizes certain landscaping
services under certain conditions. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 361.014(a), Health and Safety Code, to add
remediation, cleanup, and proper closure of unauthorized recycling sites
for which a responsible party is not immediately financially able to
perform the remediation, cleanup, and closure, to the list of actions for
which the state will provide money, relating to the creation of a state
municipal solid waste superfund. 

SECTION 2.  Amends Chapter 756, Health and Safety Code, by adding
Subchapter G, as follows: 

SUBCHAPTER G.  MUNICIPAL LANDSCAPING SERVICES

Sec. 756.101.  AUTHORIZATION.  Authorizes a municipality, to protect the
public health, safety, or welfare, to provide certain landscaping services
to any person who resides or business that operates inside or outside the
corporate limits of the municipality only if the governing body of the
municipality makes written finding as required by Section 756.102.   

Sec. 756.102.  FINDINGS REQUIRED.  Requires the written findings to meet
certain conditions.   

Sec. 756.103.  EXCEPTION.  Provides that the limitations and requirements
of this subchapter do not apply to a municipality in times of emergency,
catastrophe, or other calamity. 

SECTION 3.  Effective date: September 1, 2003.