HBA-EDN H.B. 2271 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2271
By: Howard
Environmental Regulation
3/19/2001
Introduced



BACKGROUND AND PURPOSE 

Although Texas has strict laws regarding landfills and illegal trash
dumping, a loophole exists where illegal trash dumps can circumvent legal
requirements by calling themselves recycling centers, despite the fact that
little or no recycling may be done.  Under current law, there are no
standards governing recycling centers, and it is difficult for authorities
to take appropriate action against entities who are simply calling
themselves recycling centers to avoid having to comply with waste
management laws.  House Bill 2271 requires the Texas Natural Resource
Conservation Commission to adopt rules for governing recycling centers.    

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Natural Resource Conservation
Commission in SECTION 1 (Section  361.0151, Health and Safety Code) of this
bill. 

ANALYSIS

House Bill 2271 amends the Health and Safety Code to require the Texas
Natural Resource Conservation Commission (TNRCC) to adopt rules, including
record keeping and reporting requirements, to ensure that recyclable
material: 

_is reused and not abandoned, improperly stored, or disposed of; and 

_does not create a nuisance or threaten or impair the environment or public
health and safety. 
 
The bill requires TNRCC to adopt rules as necessary to implement the
changes in law made by these provisions as soon after the effective date of
this Act as is practicable. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.