BILL ANALYSIS |
C.S.H.B. 1856 |
By: King, Ken |
Environmental Regulation |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Interested parties note that a facility with which a scrap metal recycling entity has a recycling arrangement may go out of business, which could leave the entity liable for pollution caused by the facility from the scrap metal under the arrangement. C.S.H.B. 1856 seeks to address this issue by providing for the creation of a defense for persons engaged in certain scrap metal recycling transactions.
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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. 1856 amends the Health and Safety Code to establish that a person who arranges for recycling of scrap metal is not responsible for the scrap metal under Solid Waste Disposal Act provisions relating to processing, storing, or disposing of, or arranging with a transporter for transport to process, store, or dispose of, solid waste owned or possessed by the person, by any other person or entity at certain facilities or sites or relating to accepting any solid waste for transport to a solid waste facility or site selected by the person if the person can establish by a preponderance of the evidence that the person meets the criteria established in federal law relating to recycling scrap metal.
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EFFECTIVE DATE
September 1, 2017.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 1856 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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