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A BILL TO BE ENTITLED
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AN ACT
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relating to local government prohibitions or restrictions on the |
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sale or use of a container or package. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.0961(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A local government or other political subdivision may |
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not adopt an ordinance, rule, or regulation to: |
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(1) [prohibit or restrict, for solid waste management |
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purposes, the sale or use of a container or package in a manner not |
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authorized by state law; |
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[(2)] prohibit or restrict the processing of solid |
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waste by a solid waste facility, except for a solid waste facility |
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owned by the local government, permitted by the commission for that |
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purpose in a manner not authorized by state law; or |
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(2) [(3)] assess a fee or deposit on the sale or use of |
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a container or package. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |