By:  Chisum, Rodriguez                                            H.B. No. 1791
 
    (Senate Sponsor - Armbrister)                                            
	(In the Senate - Received from the House May 5, 2003; 
May 7, 2003, read first time and referred to Committee on State 
Affairs; May 23, 2003, reported favorably by the following vote:  
Yeas 6, Nays 0; May 23, 2003, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to permits for the commercial composting of certain solid 
wastes.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 361.428, Health and Safety Code, is 
amended by adding Subsections (d) and (e) to read as follows:
	(d)  A person may not commercially compost grease trap waste, 
as defined by the commission, unless the person has first obtained a 
permit for composting grease trap waste issued by the commission 
under this section on or after September 1, 2003.
	(e)  The permit to compost grease trap waste must meet the 
minimum standards of a permit issued under rules adopted under 
Subsection (b).
	SECTION 2.  (a) The Texas Commission on Environmental 
Quality shall:         
		(1)  not later than November 1, 2003:                                         
			(A)  adopt any rules necessary for the 
implementation of this Act; and     
			(B)  notify any person known by the commission to 
be engaged in the business of composting grease trap waste to submit 
an application for a permit under Section 361.428(d), Health and 
Safety Code, as added by this Act; and
		(2)  not later than January 1, 2004, begin issuing 
permits for the commercial composting of grease trap waste under 
Sections 361.428(d) and (e), Health and Safety Code, as added by 
this Act.
	(b)  This Act does not prohibit a person who is engaged in the 
business of composting grease trap waste on the effective date of 
this Act from continuing to engage in that business if the person:
		(1)  submits an application for a permit under Section 
361.428(d), Health and Safety Code, as added by this Act, not later 
than the 30th day after receiving notice from the Texas Commission 
on Environmental Quality under Subsection (a)(1)(B) of this 
section; and
		(2)  receives the permit from the commission on or 
before June 1, 2004.     
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.



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