BILL ANALYSIS |
C.S.H.B. 1584 |
By: King, Tracy O. |
Environmental Regulation |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Interested parties note that a county is limited in its ability to provide solid waste services in the extraterritorial jurisdiction of a municipality and that some municipalities have taken the position that they possess no authority or obligation to regulate or provide such services beyond their corporate limits. The parties contend that this could mean that an extraterritorial jurisdiction area goes unserved and may result in increased pollution, illegal dumping, trash burning, and a general threat to public health and safety. C.S.H.B. 1584 seeks to address this issue by providing for certain regulation of solid waste by certain counties.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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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.
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ANALYSIS
C.S.H.B. 1584 amends the Health and Safety Code to authorize the commissioners court of a county that is adjacent to the United Mexican States, has a population of less than 300,000, and contains a municipality with a population of 200,000 or more by rule to regulate solid waste collection, handling, storage, and disposal by establishing a mandatory solid waste disposal service program in an area of the county located within the extraterritorial jurisdiction of a municipality that does not provide solid waste disposal services in that area. The bill exempts a person from being required to use such solid waste disposal services offered by a county to persons in an area of the county located within the extraterritorial jurisdiction of a municipality if the person contracts for solid waste disposal services with a provider that meets rules adopted by the Texas Commission on Environmental Quality for the regulation of solid waste disposal or if the person is a private entity that contracts to provide temporary solid waste disposal services to a construction site or project by furnishing a roll-off container used to transport construction waste or demolition debris to a facility for disposal or recycling. The exemption expressly does not affect the authority of a governmental entity to pursue actions under Texas Litter Abatement Act provisions relating to certain prohibited actions to address illegal dumping.
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EFFECTIVE DATE
September 1, 2017.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 1584 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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