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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation by certain municipalities of disposable |
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plastic bag use. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 551, Local Government Code, is amended |
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by adding Section 551.008 to read as follows: |
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Sec. 551.008. REGULATION OF DISPOSABLE PLASTIC BAG USE IN |
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CERTAIN MUNICIPALITIES. (a) Notwithstanding Section |
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361.0961(a)(1), Health and Safety Code, a municipality with a |
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population of less than 300,000 that holds a Phase I municipal |
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separate storm sewer system permit from the Texas Commission on |
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Environmental Quality may adopt an ordinance prohibiting or |
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restricting the use of disposable plastic bags if: |
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(1) the municipality, through its environmental |
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services department if applicable, issues a report on the proposed |
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ordinance's potential effects, including on the municipality's |
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storm sewer system; |
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(2) the findings of the report are presented at a |
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public hearing on the adoption of the proposed ordinance; and |
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(3) the municipality publishes on its Internet website |
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for reference by the public and other municipalities: |
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(A) the report; and |
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(B) periodic updates to the report with data and |
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other findings regarding the actual effects of the ordinance. |
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(b) An ordinance adopted under this section: |
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(1) may not include a new tax or fee related to the use |
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of disposable plastic bags; |
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(2) may not be effective for a period longer than three |
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years; and |
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(3) may be readopted if the requirements of this |
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section are met. |
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SECTION 2. This Act takes effect September 1, 2019. |