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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of an advisory panel to study and compile a |
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report on best management practices and funding mechanisms for the |
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prevention, mitigation, and abatement of windblown and waterborne |
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litter in communities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. DEFINITION. In this Act, "advisory panel" means |
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the Texas Litter Advisory Panel created under Section 2 of this Act. |
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SECTION 2. TEXAS LITTER ADVISORY PANEL. (a) The Texas |
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Litter Advisory Panel consists of members appointed not later than |
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November 1, 2019, as follows: |
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(1) the executive director or the executive director's |
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designee of the following entities shall appoint a representative |
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for that entity: |
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(A) the Department of Agriculture; |
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(B) the General Land Office; |
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(C) the Parks and Wildlife Department; |
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(D) the Railroad Commission of Texas; |
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(E) the Texas Commission on Environmental |
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Quality; |
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(F) the Texas Department of Transportation; and |
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(G) the Texas Economic Development and Tourism |
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Office within the office of the governor; |
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(2) the lieutenant governor shall appoint three |
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members with each member to represent one of the following: |
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(A) a county; |
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(B) an irrigation district; and |
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(C) a navigation district or a flood control |
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district; |
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(3) the governor shall appoint four members with each |
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member to represent one of the following: |
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(A) the interests of the private solid waste |
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remediation industry; |
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(B) a statewide nonprofit organization focused |
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on litter prevention, mitigation, and abatement; |
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(C) the interests of agricultural land owners; |
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and |
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(D) the interests of cattle raisers; and |
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(4) the speaker of the house of representatives shall |
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appoint three members with each member to represent one of the |
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following: |
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(A) a municipality; |
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(B) a river authority; and |
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(C) a drainage district. |
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(b) The representative of the Texas Commission on |
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Environmental Quality is the presiding officer of the advisory |
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panel. |
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(c) A member of the advisory panel is not entitled to |
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receive compensation for service on the advisory panel but is |
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entitled to reimbursement of the travel expenses incurred by the |
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member while conducting the business of the advisory panel. |
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(d) The advisory panel may accept gifts and grants from any |
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source to be used to carry out a function of the advisory panel. |
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SECTION 3. STUDY. The advisory panel shall conduct a study |
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on existing best management practices and funding mechanisms in |
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this state for the prevention, mitigation, and abatement of |
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windblown and waterborne litter, including helium balloons, in |
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communities by: |
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(1) identifying and evaluating best management |
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practices for municipal, commercial, industrial, and agricultural |
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properties, including the feasibility, costs, and benefits of those |
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practices; and |
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(2) evaluating: |
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(A) the feasibility and implementation needs of |
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best management practices in different regions of the state; |
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(B) the jurisdiction and effectiveness of law |
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enforcement; |
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(C) the role of state funding for incentive |
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programs; and |
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(D) the appropriate state oversight and |
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community support efforts. |
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SECTION 4. RECOMMENDATIONS. At the conclusion of the |
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study, the advisory panel shall make recommendations to the Texas |
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Commission on Environmental Quality and the Texas Department of |
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Transportation on: |
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(1) standardized methods for reporting and using best |
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management practices; and |
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(2) other possible strategies, as appropriate. |
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SECTION 5. ASSISTANCE OF STATE AGENCIES. On request by the |
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advisory panel, a state agency shall provide assistance to the |
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advisory panel, including necessary support staff. |
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SECTION 6. PUBLIC MEETINGS. The advisory panel may hold |
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public meetings as needed to carry out the duties described by this |
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Act. |
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SECTION 7. BEST PRACTICES GUIDE AND REPORT TO LEGISLATURE. |
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Not later than November 1, 2020, the advisory panel shall: |
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(1) publish a best management practices guide for use |
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by state agencies and counties, municipalities, and other political |
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subdivisions responsible for the prevention, mitigation, and |
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abatement of litter, including information on potential funding |
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sources; and |
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(2) make a final report to the lieutenant governor, |
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the speaker of the house of representatives, and the legislative |
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committees with primary jurisdiction over the issues described in |
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the report. The report must include recommendations on additional |
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legislative action, if any, that is needed to implement the |
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recommended best management practices. |
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SECTION 8. EXPIRATION. This Act expires and the advisory |
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panel is abolished on January 1, 2022. |
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SECTION 9. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2019. |