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S.B. No. 1091
AN ACT
relating to the composition of the Recycling Market Development
Board and the termination of certain duties of the General Land
Office relating to the board and the recycling awareness campaign.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (e), Section 361.422, Health and
Safety Code, is amended to read as follows:
(e) Before January 1, 1994, the commission shall determine
whether the goal established in Subsection (a) is being achieved.
If the commission finds that the goal is not being achieved, it
shall convene an advisory task force consisting of representatives
of the commission, [the General Land Office,] local governments,
the Municipal Solid Waste Management and Resource Recovery Advisory
Council, and the commercial solid waste disposal industry and may
recommend to the legislature a phased-in ban on the disposal of yard
waste in a landfill. The task force may recommend a plan to the
legislature for implementing the ban after considering how the ban
will:
(1) affect the state's disposal capacity;
(2) affect the economy of the state;
(3) affect local governments; and
(4) be accepted and adhered to by the citizens of the
state.
SECTION 2. Subsection (a), Section 361.423, Health and
Safety Code, is amended to read as follows:
(a) The Recycling Market Development Board consists of
[commissioner of the General Land Office,] the chairman of the
commission and[,] the executive director of the Texas Building and
Procurement [General Services] Commission[, and the executive
director of the Texas Department of Commerce shall constitute the
Recycling Market Development Board]. The [commissioner of the
General Land Office serves as presiding officer of the Recycling
Market Development Board for the first year, and after that year
the] members of the Recycling Market Development Board shall, in
the order listed in this subsection, rotate as the presiding
officer for terms of one year. The Recycling Market Development
Board may designate chief executives of additional agencies as
members of the board if it identifies the agencies as agencies
needed to assist the board in performing its duties as outlined in
Subsection (b). The Recycling Market Development Board shall
provide support to and coordinate the recycling activities of
member agencies and shall pursue an economic development strategy
that focuses on the state's waste management priorities established
by Section 361.022 and that includes development of recycling
industries and markets as an integrated component.
SECTION 3. Subsection (d), Section 361.423, and Section
361.424, Health and Safety Code, are repealed.
SECTION 4. (a) If the commissioner of the General Land
Office or the executive director of the Texas Department of
Economic Development is or is scheduled to become the presiding
officer of the Recycling Market Development Board on the effective
date of this Act, the chairman of the Texas Commission on
Environmental Quality shall assume the office of presiding officer
on that date and shall serve in that capacity until the next
regularly scheduled rotation of service in that office under
Subsection (a), Section 361.423, Health and Safety Code, as amended
by this Act.
(b) This Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1091 passed the Senate on
April 16, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1091 passed the House on
May 5, 2003, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor