SRC-JLB S.B. 887 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 887
78R5783 MI-DBy: Carona
Natural Resources
3/18/2003
As Filed


DIGEST AND PURPOSE 

For each ton or cubic yard of solid waste placed in a municipal solid
waste landfill, the state assesses municipalities a solid waste fee.  The
collected fees are used to administer the solid waste function of the
Texas Commission on Environmental Quality and to provide solid waste
grants, as administered by the regional councils of government (COGs).
For a decade, the assessment rate has been $1.25/ton. One half of the fees
currently collected ($0.65) are disbursed to the regional COGs, where the
money is used to provide grants.  As proposed, S.B. 887 allows cities to
make more efficient use of the local funds; allows cities to keep one-half
of fees, which are typically returned to them in the form of grants; and
provides that municipalities will no longer be required to seek the return
of their own money from the councils of government via grants. 

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 361.013(a), Health and Safety Code, to require
the Texas Commission on Environmental Quality (TCEQ), except as provided
by Subsections (e) through (i), to charge 65 cents, rather than $1.25 per
ton, on all solid waste that is disposed of within this state.  
 
SECTION 2.  Sections 361.014(a) and (d), Health and Safety Code, as
follows: 
 
(a)  Requires revenue received by TCEQ under Section 361.013 to be
deposited in the state treasury to the credit of TCEQ and be dedicated to
TCEQ's municipal solid waste permitting and enforcement programs and
certain related support activities and to pay for such activities that
will enhance the state's solid waste management program. 

(d)  Requires revenues allocated to TCEQ for the purposes authorized by
Subsection (a) to be deposited to the credit of the waste management
account.  Deletes text requiring that revenues allocated to local and
regional solid waste projects be deposited to the credit of an account in
the general revenue fund known as the municipal solid waste disposal
account. 

SECTION 3.  Repealer:  Section 361.014(b) (Use of Solid Waste Fee
Revenue), Health and Safety Code. 

SECTION 4.  Provides that money dedicated to local and regional solid
waste projects that is in the municipal solid waste disposal account on
the effective date of this Act is dedicated on that date to the purposes
stated in Section 361.014(a), Health and Safety Code, as amended by this
Act. 
 
SECTION 5.  Effective date:  September 1, 2003.