BILL ANALYSIS

C.S.H.B. 2025

By: McClendon

Environmental Regulation

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Currently, a county has the authority to implement a county solid waste program and regulate solid waste collection, handling, storage, and disposal in areas of the county not in a municipality or in the extraterritorial jurisdiction of a municipality.  C.S.H.B. 2025 establishes provisions relating to the implementation of county solid waste management programs in the extraterritorial jurisdiction of certain municipalities in certain counties. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 2025 amends the Health and Safety Code to authorize a commissioners court of a county with a population of more than 1.5 million in which at least 75 percent of the population resides in a single municipality by rule to regulate solid waste collection, handling, storage, and disposal by establishing a mandatory program in an area located within the extraterritorial jurisdiction of a municipality if the municipality does not provide solid waste disposal services in that area.  The bill makes a conforming change.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 2025 differs from the original by retaining statutory language authorizing a commissioners court by rule to regulate solid waste collection, handling, storage, and disposal in the extraterritorial jurisdiction of a municipality, whereas the original removes that statutory language.

C.S.H.B. 2025 differs from the original by making provisions authorizing a commissioners court by rule to regulate solid waste collection, handling, storage, and disposal in the extraterritorial jurisdiction of a municipality apply only to a county with a population of more than 1.5 million in which at least 75 percent of the population resides in a single municipality, whereas the original does not include such a geographic restriction.

C.S.H.B. 2025 differs from the original by making provisions authorizing a commissioners court by rule to regulate solid waste collection, handling, storage, and disposal in the extraterritorial jurisdiction of a municipality apply only if the municipality does not provide solid waste disposal services in that area, whereas the original makes those provisions apply only if the area has a certain population density and the area has an established problem with the illegal dumping of household garbage.

C.S.H.B. 2025 omits a provision included in the original removing statutory language relating to the procedure for opting out of solid waste disposal services offered by a public agency or a county and to the authority of such an entity to enforce its grant of services within its territory.

C.S.H.B. 2025 differs from the original in a nonsubstantive way by making a conforming change.