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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of composting in certain counties; |
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authorizing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 364, Health and Safety |
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Code, is amended by adding Section 364.020 to read as follows: |
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Sec. 364.020. DEPOSIT OF CERTAIN FOOD WASTE FOR COMPOSTING |
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IN CERTAIN COUNTIES PROHIBITED. (a) In this section: |
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(1) "Commercial food waste composting ordinance" |
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means a municipal ordinance that requires a multifamily residential |
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property, a business holding a food permit, or another business |
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owner to divert food waste from disposal in a landfill. |
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(2) "Composting facility" means a facility that |
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composts source-separated yard trimmings, clean wood material, |
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vegetative material, paper, manure, meat, fish, dead animal |
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carcasses, dairy materials, or meat and vegetable oils and greases |
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from a municipal, commercial, or institutional source. |
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(b) Except as provided by Subsection (e), a person may not |
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deposit at a composting facility located in a county that does not |
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contain a municipality with a commercial food waste composting |
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ordinance food waste that is: |
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(1) collected for composting in a municipality that |
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has a commercial food waste composting ordinance; and |
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(2) subject to such an ordinance. |
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(c) A person is liable for a civil penalty of $1,000 for each |
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violation of Subsection (b). |
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(d) The attorney general may bring an action in a court of |
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competent jurisdiction to recover the civil penalty imposed under |
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this section. |
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(e) This section does not apply to: |
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(1) an agricultural operation as defined by Section |
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251.002, Agriculture Code; |
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(2) a composting facility located in a county |
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described by Subsection (b) if the commissioners court of the |
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county by resolution or order authorizes the deposit of food waste |
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subject to a commercial food waste composting ordinance at the |
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facility; or |
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(3) a composting facility that: |
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(A) is authorized to operate under a valid |
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notification issued by the commission on or before January 1, 2025; |
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and |
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(B) accepted food waste described by Subsection |
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(b) before January 1, 2025. |
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SECTION 2. This Act takes effect September 1, 2025. |