BILL ANALYSIS

Senate Research Center	S.B. 2078
	By: Kolkhorst
	Water, Agriculture and Rural Affairs
	7/2/2025
	Enrolled

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

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.

As a result, the community in and around the local area raised concerns with the proximity the facility will have to Yegua Creek, which feeds into Lake Somerville, the region's predominant drinking water source.

The resulting legislation makes it so that a county may prohibit the operation of a composting facility near a stream, drain, recharge feature, recharge area, or tributary that may constitute the source of water supply for any municipality.

(Original Author's/Sponsor's Statement of Intent)  

S.B. 2078 amends current law relating to the regulation of composting in certain counties and authorizes a civil penalty.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter B, Chapter 364, Health and Safety Code, by adding Section 364.020, as follows:

Sec. 364.020. DEPOSIT OF CERTAIN FOOD WASTE FOR COMPOSTING IN CERTAIN COUNTIES PROHIBITED. (a) Defines "commercial food waste composting ordinance" and "composting facility."

(b) Prohibits a person, except as provided by Subsection (e), from depositing at a composting facility located in a county that does not contain a municipality with a commercial food waste composting ordinance food waste that is collected for composting in a municipality that has a commercial food waste composting ordinance and subject to such an ordinance.

(c) Provides that a person is liable for a civil penalty of $1,000 for each violation of Subsection (b).

(d) Authorizes the attorney general to bring an action in a court of competent jurisdiction to recover the civil penalty imposed under this section.

(e) Provides that this section does not apply to:

(1) an agricultural operation as defined by Section 251.002 (Definitions), Agriculture Code;

(2) a composting facility located in a county described by Subsection (b) if the commissioners court of the county by resolution or order authorizes the deposit of food waste subject to a commercial food waste composting ordinance at the facility; or

(3) a composting facility that is authorized to operate under a valid notification issued by the commission on or before January 1, 2025, and accepted food waste described by Subsection (b) before January 1, 2025.

SECTION 2. Effective date: September 1, 2025.