BILL ANALYSIS

C.S.H.B. 4271

By: Gerdes

Environmental Regulation

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The bill author has informed the committee that, recently, an Austin-based company that services multi-family housing communities and businesses in the Austin, San Antonio, and Waco areas sought out property in Lee County in order to compost meat, fish, dead animal carcasses, oil, grease, dairy materials, manure, and other things from commercial, municipal, and institutional sources. The bill author has also informed the committee that, as a result, the community in and around the local area raised concerns with the proximity that the composting facility will have to Yegua Creek, which feeds into Somerville Lake, the region's predominant drinking water source and that, in addition, both house and senate members formally requested the TCEQ to hold a public meeting to hear constituent concerns in reviewing the application. The bill author has further informed the committee that, due to the classification of the applicable notification, the TCEQ denied the request, thereby preventing the public's ability to ask questions of the applicant and the TCEQ and to offer oral public comments. The bill author has informed the committee that citizens deserve a transparent and open process and that representatives, who are elected to protect the interests of the people they serve, must have the tools to advocate on behalf of their constituents. C.S.H.B. 4271 seeks to address this issue by requiring the TCEQ executive director to hold a public meeting in the county in which an applicable composting facility is proposed to be located on the request of an applicable member of the legislature.

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.

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.

ANALYSIS

C.S.H.B. 4271 amends the Health and Safety Code to require the executive director of the Texas Commission on Environmental Quality (TCEQ) to hold a public meeting in the county in which a composting facility is proposed to be located and for which a permit, registration, or notification is required by TCEQ rule on the request of a member of the legislature whose district includes the site at which the facility is proposed to be located.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 4271 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

While both the introduced and the substitute require the TCEQ executive director to hold a public meeting in the county in which an applicable composting facility is proposed to be located on the request of a member of the legislature, they differ as follows:

· the introduced also applied to an existing facility in addition to a proposed facility, whereas the substitute just applies to a proposed facility; and

· whereas the introduced specified a member of the legislature who represents the general area in which the facility is located or proposed to be located, the substitute specifies a member of the legislature whose district includes the site at which the facility is proposed to be located.