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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the Texas Cleaner Landscapes for |
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the Economy, Agriculture, and Nature (CLEAN) Advisory Council. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Texas Cleaner |
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Landscapes for the Economy, Agriculture, and Nature (CLEAN) Act. |
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SECTION 2. Subtitle B, Title 5, Health and Safety Code, is |
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amended by adding Chapter 375 to read as follows: |
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CHAPTER 375. TEXAS CLEANER LANDSCAPES FOR THE ECONOMY, |
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AGRICULTURE, AND NATURE ADVISORY COUNCIL |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 375.0101. DEFINITIONS. In this chapter: |
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(1) "Beverage container": |
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(A) means an individual, separate, and sealed |
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container that is made entirely or of any combination of glass, |
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aluminum, steel, other metal, or plastic, regardless of size, and |
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is used for containing, at the time of sale to a consumer, a |
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beverage for consumption; and |
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(B) does not include refillable containers that |
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are intended to be refilled and reused more than once for sale or |
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distribution. |
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(2) "Carryout bag": |
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(A) means a bag that is designed for one use and |
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provided gratuitously by a grocery store, retail store, or food |
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service establishment at the point of sale for the purpose of |
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transporting groceries, prepared foods, or consumer goods; and |
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(B) does not include a bag: |
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(i) that lacks handles and is used to |
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prevent an item of food from damaging or contaminating another food |
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item; |
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(ii) intended to contain an unwrapped food |
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item, food items sold in bulk, or a hot food item; |
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(iii) used as part of distributing |
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newspapers; or |
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(iv) used by a customer to transport dry |
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cleaning or pharmaceuticals. |
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(3) "Council" means the Texas Cleaner Landscapes for |
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the Economy, Agriculture, and Nature Advisory Council. |
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(4) "Food service establishment" means an |
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establishment, place, or location, whether permanent, temporary, |
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seasonal, or itinerant, where food is prepared and the public is |
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offered to be served, or is served, prepared food. |
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(5) "Grocery store" means a business primarily engaged |
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in the retail sale of packaged food for off-site consumption. |
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(6) "Retail store" means a business engaged in the |
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sale of consumer goods. |
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SUBCHAPTER B. TEXAS CLEANER LANDSCAPES FOR THE ECONOMY, |
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AGRICULTURE, AND NATURE ADVISORY COUNCIL |
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Sec. 375.0201. TEXAS CLEANER LANDSCAPES FOR THE ECONOMY, |
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AGRICULTURE, AND NATURE ADVISORY COUNCIL. (a) The Texas Cleaner |
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Landscapes for the Economy, Agriculture, and Nature Advisory |
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Council consists of 13 residents of this state appointed as |
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follows: |
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(1) four members appointed by the governor as follows: |
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(A) one representative of county governments; |
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(B) one representative of the agriculture |
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industry; |
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(C) one representative of the solid waste |
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industry; and |
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(D) one representative of the conservation |
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community; |
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(2) three members appointed by the lieutenant governor |
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as follows: |
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(A) one representative of retailers who sell or |
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give away beverage containers or carryout bags; |
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(B) one representative of manufacturers or |
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distributors of beverage containers or carryout bags; and |
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(C) one representative of businesses that |
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utilize recycled glass, aluminum, or plastic in manufacturing |
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operations; |
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(3) three members appointed by the governor from a |
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list provided by the speaker of the house of representatives as |
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follows: |
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(A) one representative of retailers who sell or |
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give away beverage containers or carryout bags; |
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(B) one representative of manufacturers or |
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distributors of beverage containers or carryout bags; and |
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(C) one representative of businesses that |
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utilize recycled glass, aluminum, or plastic in manufacturing |
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operations; |
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(4) the comptroller or the comptroller's designee, who |
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serves as a voting ex officio member; |
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(5) the executive director of the Texas Department of |
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Transportation or that executive director's designee, who serves as |
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a voting ex officio member; and |
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(6) the commissioner of agriculture or the |
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commissioner's designee, who serves as a voting ex officio member. |
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(b) The members serve staggered terms of six years with |
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three or four members' terms, as applicable, expiring February 1 of |
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even-numbered years. |
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(c) The members shall elect a chair and a vice chair, whose |
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duties are established by the council. |
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(d) In making the appointments under Subsection (a), an |
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appointing authority shall strive to ensure that the council is |
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composed of persons who are diverse in professional or educational |
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background, ethnicity, race, sex, geographic residency, heritage, |
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perspective, and experience. |
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Sec. 375.0202. MEETINGS. (a) The council shall elect its |
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chair and vice chair annually. |
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(a-1) Notwithstanding Subsection (c), the comptroller shall |
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call the first meeting of the council. The council shall elect its |
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chair and vice chair at that meeting. This subsection expires |
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September 1, 2025. |
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(b) The council shall: |
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(1) establish a time and place for regular meetings; |
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and |
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(2) meet not less than once quarterly. |
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(c) All meetings of the council, including emergency |
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meetings, are at the call of the chair with written notice given to |
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all council members. |
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(d) The council may conduct special or regular meetings by |
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electronic or other means pursuant to Chapter 551, Government Code. |
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(e) A majority of the voting members of the council |
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constitutes a quorum. If a quorum is present, the council may act |
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on any matter within its jurisdiction by a majority vote. |
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Sec. 375.0203. VACANCY. A vacancy on the council shall be |
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filled for the unexpired term in the same manner as the original |
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appointment. |
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Sec. 375.0204. REMOVAL. The respective appointing |
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authorities may remove a member of the council other than an ex |
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officio member for misconduct, incapacity, or neglect of duty. |
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Sec. 375.0205. COMPENSATION. A member of the council is not |
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entitled to compensation for services on the council but is |
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entitled to reimbursement for actual reasonable and necessary |
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expenses incurred in performing council duties. |
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Sec. 375.0206. DUTIES. (a) The council shall: |
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(1) create and implement a program that recovers, for |
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the purpose of recycling, 85 percent of plastic, glass, and |
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aluminum beverage containers sold within this state; |
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(2) develop a carryout bag reduction and recycling |
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program to: |
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(A) address the proliferation of carryout bags; |
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and |
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(B) reduce a source of litter on the landscape, |
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source of contamination to recycling systems, source of injury to |
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wildlife and livestock, and threat to this state's agriculture |
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industry; |
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(3) develop and implement a statewide litter program |
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to comprehensively address litter prevention and reduction; |
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(4) evaluate existing state laws, and any |
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administrative rules related to those laws, that address litter; |
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and |
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(5) report to the legislature on the effectiveness of |
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any laws and rules evaluated under Subdivision (4) and make |
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recommendations on how those laws and rules may be improved. |
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(b) In developing and implementing programs required by |
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Subsections (a)(1)-(3), the council shall: |
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(1) determine how money generated from a program |
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developed under Subsection (a)(1) may be used for the purposes of |
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this chapter; |
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(2) develop and implement a system to prevent fraud |
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and abuse of the programs; |
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(3) establish civil penalties to deter fraud; |
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(4) work with manufacturers to maximize the amount of |
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recovered material returned to the production cycle; and |
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(5) take any other action directly related to the |
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development of the programs and to effectuate the purposes of this |
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chapter. |
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Sec. 375.0207. REPORT. (a) Not later than September 1 of |
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each year, the council shall prepare and submit to the governor and |
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the legislature a financial report on the implementation of the |
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programs described by Sections 375.0206(a)(1)-(3). |
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(b) Not later than September 1, 2027, the council shall |
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prepare and submit to the governor and the legislature a report that |
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details the operational framework of the programs described by |
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Sections 375.0206(a)(1)-(3) as of that date. This subsection |
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expires January 1, 2028. |
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Sec. 375.0208. IMPLEMENTATION AND RULES. (a) The |
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comptroller, in consultation with the council, may adopt rules to |
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effectuate the purposes of this chapter. |
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(b) Before developing and implementing the programs |
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required under Sections 375.0206(a)(1)-(3), performing the |
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evaluation required under Section 375.0206(a)(4), and making the |
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reports required under Sections 375.0206(a)(5) and 375.0207, the |
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comptroller shall: |
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(1) research, evaluate, and develop recommendations |
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in order to determine the most effective methods and actions |
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necessary to effectuate the purposes of this chapter; and |
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(2) submit those recommendations to the council. |
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SECTION 3. (a) Not later than December 1, 2024, the |
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appropriate appointing authority shall appoint the members to the |
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Texas Cleaner Landscapes for the Economy, Agriculture, and Nature |
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Advisory Council as required by Section 375.0201, Health and Safety |
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Code, as added by this Act. |
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(b) Notwithstanding Section 375.0201, Health and Safety |
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Code, as added by this Act, in making the initial appointments under |
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that section, the governor and lieutenant governor shall, as |
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applicable, designate one member of the Texas Cleaner Landscapes |
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for the Economy, Agriculture, and Nature Advisory Council appointed |
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by that person to serve a term expiring February 1, 2026, one member |
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appointed by that person to serve a term expiring February 1, 2028, |
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and one member appointed by that person to serve a term expiring |
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February 1, 2030. The governor shall appoint an additional member |
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to serve a term expiring February 1, 2026. |
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SECTION 4. (a) Not later than June 30, 2026, the Texas |
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Cleaner Landscapes for the Economy, Agriculture, and Nature |
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Advisory Council shall develop and begin the implementation of |
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programs described by Section 375.0206(a), Health and Safety Code, |
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as added by this Act, and shall make the report regarding state laws |
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and administrative rules as required by Subsection (a)(5) of that |
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section. |
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(b) Not later than September 1, 2027, the Texas Cleaner |
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Landscapes for the Economy, Agriculture, and Nature Advisory |
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Council shall submit to the legislature and the governor the |
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initial report required under Section 375.0207(a), Health and |
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Safety Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |