S.B. No. 585




AN ACT

relating to recycling and other services.                                     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (a), Section 361.014, Health and 
Safety Code, is amended to read as follows:
	(a)  Revenue received by the commission under Section 
361.013 shall be deposited in the state treasury to the credit of 
the commission.  Half of the revenue is dedicated to the 
commission's municipal solid waste permitting and enforcement 
programs and related support activities and to pay for activities 
that will enhance the state's solid waste management program, 
including:
		(1)  provision of funds for the municipal solid waste 
management planning fund and the municipal solid waste resource 
recovery applied research and technical assistance fund 
established by the Comprehensive Municipal Solid Waste Management, 
Resource Recovery, and Conservation Act (Chapter 363);
		(2)  conduct of demonstration projects and studies to 
help local governments of various populations and the private 
sector to convert to accounting systems and set rates that reflect 
the full costs of providing waste management services and are 
proportionate to the amount of waste generated;
		(3)  provision of technical assistance to local 
governments concerning solid waste management;
		(4)  establishment of a solid waste resource center in 
the commission and an office of waste minimization and recycling;
		(5)  provision of supplemental funding to local 
governments for the enforcement of this chapter, the Texas Litter 
Abatement Act (Chapter 365), and Chapters 391 and 683, 
Transportation Code;
		(6)  conduct of a statewide public awareness program 
concerning solid waste management;
		(7)  provision of supplemental funds for other state 
agencies with responsibilities concerning solid waste management, 
recycling, and other initiatives with the purpose of diverting 
recyclable waste from landfills;
		(8)  conduct of research to promote the development and 
stimulation of markets for recycled waste products;
		(9)  creation of a state municipal solid waste 
superfund, from funds appropriated, for:
			(A)  the cleanup of unauthorized tire dumps and 
solid waste dumps for which a responsible party cannot be located or 
is not immediately financially able to provide the cleanup; [and]
			(B)  the cleanup or proper closure of abandoned or 
contaminated municipal solid waste sites for which a responsible 
party is not immediately financially able to provide the cleanup; 
and
			(C)  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;
		(10)  provision of funds to mitigate the economic and 
environmental impacts of lead-acid battery recycling activities on 
local governments; and
		(11)  provision of funds for the conduct of research by 
a public or private entity to assist the state in developing new 
technologies and methods to reduce the amount of municipal waste 
disposed of in landfills.
	SECTION 2.  Chapter 756, Health and Safety Code, is amended 
by adding Subchapter G to read as follows:

SUBCHAPTER G.  MUNICIPAL LANDSCAPING SERVICES
	Sec. 756.101.  AUTHORIZATION.  To protect the public health, 
safety, or welfare, a municipality may provide landscaping 
services, including tree-trimming, tree disposal, remediation, 
cleanup, and recycling 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 findings as required by Section 756.102.
	Sec. 756.102.  FINDINGS REQUIRED.  The written findings 
must:         
		(1)  identify the problem requiring the need for 
providing municipal landscaping services;
		(2)  identify the public health, safety, or welfare 
concern;         
		(3)  describe any reasonable actions previously taken 
to alleviate the problem; and
		(4)  specify a period of definite duration necessary to 
address the problem.
	Sec. 756.103.  EXCEPTION.  The limitations and requirements 
of this subchapter do not apply to a municipality in times of 
emergency, catastrophe, or other calamity.
	SECTION 3.  This Act takes effect September 1, 2003.                           

                                                                              




______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 585 passed the Senate on 
April 30, 2003, by a viva-voce vote; May 30, 2003, Senate refused 
to concur in House amendment and requested appointment of 
Conference Committee; May 30, 2003, House granted request of the 
Senate; June 1, 2003, Senate adopted Conference Committee Report 
by a viva-voce vote.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 585 passed the House, with 
amendment, on May 25, 2003, by a non-record vote; May 30, 2003, 
House granted request of the Senate for appointment of Conference 
Committee; June 1, 2003, House adopted Conference Committee Report 
by a non-record vote.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
           Date



______________________________ 
          Governor