HBA-KMH H.B. 3119 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3119
By: Chisum
Environmental Regulation
4/5/1999
Introduced



BACKGROUND AND PURPOSE 

Municipal solid waste (MSW) tipping fees are charged in proportion to the
volume of solid waste disposed of in a permitted MSW landfill and generate
approximately $22 million per year.  In 1995, the legislature dedicated
one-half of the state's MSW fees revenue to the 24 councils of government
to be used for local and regional MSW projects.  The remaining half of the
MSW fee revenue is used for permitting and enforcement of related programs
at the Texas Natural Resource Conservation Commission (TNRCC).  Some
contend that the tipping fees are being used for purposes not related to
solid waste or to compete with private landfills.  Ultimately, the question
is whether the revenues can be spent on legitimate purposes. 

H.B. 3119 dedicates at least one-half, rather than half, the MSW revenue
received by TNRCC to municipal solid waste permitting and enforcement
programs and support related activities.  This bill also gives TNRCC broad
discretionary authority to use the funds.  In addition, this bill deletes
provisions crediting the revenue to other specific funds. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 361.014, Health and Safety Code, to provide that
at least half, rather than half, of the revenue received by the Texas
Natural Resource Conservation Commission (TNRCC) under Section 361.013
(Solid Waste Disposal and Transportation Fees) is dedicated to TNRCC's
municipal solid waste permitting and enforcement programs and related
support activities. Includes a provision giving TNRCC express discretionary
authority to use of the funds.  Deletes provisions relating to a dedication
of half the fund to local and regional solid waste projects and
implementation of those projects.  Deletes a provision requiring revenue
derived from fees charged under Section 361.013(c) to a transporter of
whole used or scrap tires or shredded tire pieces to be deposited to the
credit of the waste tire recycling account.  Makes conforming and
nonsubstantive changes. 

SECTION 2.  Emergency clause.
                       Effective date: upon passage.