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By: Van de Putte |
S.B. No. 1282 |
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(In the Senate - Filed March 6, 2007; March 19, 2007, read |
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first time and referred to Committee on Natural Resources; |
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April 30, 2007, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 11, Nays 0; April 30, 2007, |
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sent to printer.) |
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COMMITTEE SUBSTITUTE FOR S.B. No. 1282 |
By: Deuell |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of funds in the state municipal solid waste |
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superfund to remediate certain emergency situations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.0145 to read as follows: |
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Sec. 361.0145. RESPONSE TO OR REMEDIATION OF FIRE OR |
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EMERGENCY. (a) The commission may make an immediate response to |
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or remediation of a fire or other emergency that involves solid |
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waste, including processed or unprocessed material suitable for |
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recycling or composting, as the commission determines necessary to |
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protect the public health or safety. |
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(b) Notwithstanding Section 361.014(b), revenue otherwise |
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dedicated under that section may be used for an action authorized by |
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Subsection (a). |
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(c) The commission may recover from a person who is |
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responsible for the solid waste as provided by Section 361.271 the |
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reasonable expenses incurred by the commission during an immediate |
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response and remediation action under Subsection (a). The state |
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may bring an action to recover those reasonable expenses. |
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(d) If the commission used for an action under Subsection |
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(a) money otherwise dedicated under Section 361.014(b), money |
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recovered under Subsection (c) shall be deposited in the state |
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treasury to the credit of the commission until the amount deposited |
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equals the amount of the dedicated money used. Money credited under |
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this subsection may be used only as provided by Section 361.014(b). |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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