| |
|
| |
|
|
By: Van de Putte |
S.B. No. 1282 |
|
|
(In the Senate - Filed March 6, 2007; March 19, 2007, read |
|
|
first time and referred to Committee on Natural Resources; |
|
|
April 30, 2007, reported adversely, with favorable Committee |
|
|
Substitute by the following vote: Yeas 11, Nays 0; April 30, 2007, |
|
|
sent to printer.) |
| |
|
|
COMMITTEE SUBSTITUTE FOR S.B. No. 1282 |
By: Deuell |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the use of funds in the state municipal solid waste |
|
|
superfund to remediate certain emergency situations. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter B, Chapter 361, Health and Safety |
|
|
Code, is amended by adding Section 361.0145 to read as follows: |
|
|
Sec. 361.0145. RESPONSE TO OR REMEDIATION OF FIRE OR |
|
|
EMERGENCY. (a) The commission may make an immediate response to |
|
|
or remediation of a fire or other emergency that involves solid |
|
|
waste, including processed or unprocessed material suitable for |
|
|
recycling or composting, as the commission determines necessary to |
|
|
protect the public health or safety. |
|
|
(b) Notwithstanding Section 361.014(b), revenue otherwise |
|
|
dedicated under that section may be used for an action authorized by |
|
|
Subsection (a). |
|
|
(c) The commission may recover from a person who is |
|
|
responsible for the solid waste as provided by Section 361.271 the |
|
|
reasonable expenses incurred by the commission during an immediate |
|
|
response and remediation action under Subsection (a). The state |
|
|
may bring an action to recover those reasonable expenses. |
|
|
(d) If the commission used for an action under Subsection |
|
|
(a) money otherwise dedicated under Section 361.014(b), money |
|
|
recovered under Subsection (c) shall be deposited in the state |
|
|
treasury to the credit of the commission until the amount deposited |
|
|
equals the amount of the dedicated money used. Money credited under |
|
|
this subsection may be used only as provided by Section 361.014(b). |
|
|
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, 2007. |
|
|
|
|
|
* * * * * |