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78R14052 MI-F
By: Hamric H.B. No. 1823
Substitute the following for H.B. No. 1823:
By: Chisum C.S.H.B. No. 1823
A BILL TO BE ENTITLED
AN ACT
relating to financial assurance for certain solid waste processing
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.119, Health and Safety Code, is
amended by amending Subsection (d) and adding Subsection (f) to
read as follows:
(d) A facility that is owned, operated, or affiliated with a
person that has a permit to dispose of municipal solid waste is not
subject to regulation or [the] requirements for financial assurance
under rules adopted under this section [of recordkeeping and
reporting adopted under Subsection (b)].
(f) The commission shall adopt rules to ensure that the
owner or operator of a recycling facility, including a composting
or mulching facility, has in place sufficient financial assurance
conditioned on satisfactorily operating and closing the facility
and consistent with the requirements of Section 361.085 for a solid
waste facility other than a facility for the disposal of hazardous
waste. This subsection applies only to an owner or operator of a
recycling facility:
(1) at which combustible material is stored outdoors;
or
(2) that poses a significant risk to public health and
safety as determined by the commission.
SECTION 2. 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.