Bill Text: TX SB32 | 2023 | 88th Legislature 4th Special Session | Introduced
Bill Title: Relating to land development, waste management, and the creation of special districts in counties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-11-10 - Filed [SB32 Detail]
Download: Texas-2023-SB32-Introduced.html
| By: Zaffirini | S.B. No. 32 | |
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| relating to land development, waste management, and the creation of | ||
| special districts in counties. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Section 791.037, Government Code, | ||
| is amended to read as follows: | ||
| Sec. 791.037. SOLID WASTE DISPOSAL SERVICES [ |
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| SECTION 2. Subchapter C, Chapter 361, Health and Safety | ||
| Code, is amended by adding Section 361.1121 to read as follows: | ||
| Sec. 361.1121. MARKING USED OR SCRAP TIRES IN CERTAIN | ||
| COUNTIES. (a) In this section: | ||
| (1) "Generator" includes a fleet operator, a tire | ||
| recapper or retreader, or a retailer, wholesaler, or manufacturer | ||
| of whole new or used tires. The term does not include a scrap tire | ||
| energy recovery facility or a scrap tire recycling facility. | ||
| (2) "Retailer" means a person who is engaged in the | ||
| business of selling or otherwise placing tires in the stream of | ||
| commerce for use on a vehicle, trailer, or piece of equipment. | ||
| (3) "Scrap tire" has the meaning assigned by Section | ||
| 361.112. The term does not include a tire: | ||
| (A) in or on a vehicle that: | ||
| (i) has been crushed; or | ||
| (ii) is being transported to a registered | ||
| metal recycling entity or a licensed used automotive parts | ||
| recycler; or | ||
| (B) that is mounted on a metal wheel that is | ||
| intended to be recycled. | ||
| (4) "Used tire" means a tire that: | ||
| (A) has been used as a tire on a vehicle, trailer, | ||
| or piece of equipment; | ||
| (B) has tire tread at least one-sixteenth inch | ||
| deep; | ||
| (C) can still be used for its original intended | ||
| purpose; and | ||
| (D) meets the visual and tread depth requirements | ||
| for used tires established by the Department of Public Safety. | ||
| (b) This section applies only to a county with a population | ||
| of 150,000 or less. | ||
| (c) The commissioners court of a county to which this | ||
| section applies may establish and enforce a program requiring a | ||
| generator to mark used or scrap tires handled by the generator. | ||
| (d) A program established under this section must: | ||
| (1) assign to each generator a unique identifying mark | ||
| required to be affixed to or imprinted on each scrap or used tire | ||
| taken possession of or produced by the generator; | ||
| (2) allow a customer to retain a scrap or used tire | ||
| removed from the customer's vehicle during the purchase of a tire | ||
| from a retailer; | ||
| (3) require a retailer whose customer retains a scrap | ||
| or used tire to keep a record of the customer's retention; and | ||
| (4) include a system to inspect generators for | ||
| compliance. | ||
| SECTION 3. Section 364.011(a-2), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (a-2) Notwithstanding Subsection (a), a commissioners court | ||
| may, through a competitive bidding process, contract for the | ||
| provision of solid waste collection, handling, storage, and | ||
| disposal in an area of the county located within the | ||
| extraterritorial jurisdiction of a municipality if[ |
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| disposal services in that area[ |
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| SECTION 4. Section 364.034(a), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (a) A public agency or a county may: | ||
| (1) offer solid waste disposal service to persons in | ||
| its territory, including[ |
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| extraterritorial jurisdiction of a municipality if the | ||
| municipality does not provide solid waste disposal services in that | ||
| area; | ||
| (2) require the use of the service by those persons, | ||
| except as provided by Subsection (a-1); | ||
| (3) charge fees for the service; and | ||
| (4) establish the service as a utility separate from | ||
| other utilities in its territory. | ||
| SECTION 5. Section 364.0345, Health and Safety Code, is | ||
| amended to read as follows: | ||
| Sec. 364.0345. PENALTIES FOR FAILURE TO USE REQUIRED | ||
| SERVICE IN CERTAIN AREAS. The commissioners court of a county | ||
| described by Section 364.011(a-2) [ |
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| the use of a county solid waste disposal service under Section | ||
| 364.034 in the extraterritorial jurisdiction of a municipality may | ||
| adopt orders to enforce the requirement, including an order | ||
| establishing a civil or administrative penalty in an amount | ||
| reasonable and necessary to ensure compliance with the requirement. | ||
| SECTION 6. The heading to Chapter 231, Local Government | ||
| Code, is amended to read as follows: | ||
| CHAPTER 231. COUNTY ZONING AUTHORITY AND BUFFER REGULATIONS | ||
| SECTION 7. Chapter 231, Local Government Code, is amended | ||
| by adding Subchapter N to read as follows: | ||
| SUBCHAPTER N. BUFFER REGULATIONS | ||
| Sec. 231.291. DEFINITION. In this subchapter, | ||
| "agricultural operation" has the meaning assigned by Section | ||
| 251.002, Agriculture Code. | ||
| Sec. 231.292. BUFFER AREAS. (a) The commissioners court of | ||
| a county may regulate, by order, land development in the | ||
| unincorporated area of the county by requiring a buffer area | ||
| between the land used for a purpose specified by this subsection and | ||
| residential areas as follows: | ||
| (1) at least 1,000 feet for heavy industrial or quarry | ||
| use; | ||
| (2) at least 750 feet for light industrial use; and | ||
| (3) at least 500 feet for commercial or other business | ||
| use. | ||
| (b) This section does not authorize a county to adopt zoning | ||
| regulations. | ||
| (c) A buffer area established under this section does not | ||
| apply to land used for an activity described by Section 81.051, | ||
| Natural Resources Code, or to an interstate gas pipeline facility | ||
| as defined by 49 U.S.C. Section 60101. | ||
| (d) A county regulation under this section does not apply | ||
| to: | ||
| (1) a platted residential subdivision in existence on | ||
| the date the regulation takes effect; | ||
| (2) an agricultural operation; or | ||
| (3) an activity or a structure or appurtenance on a | ||
| tract of land devoted to an agricultural operation. | ||
| SECTION 8. Subchapter Z, Chapter 232, Local Government | ||
| Code, is amended by adding Section 232.902 to read as follows: | ||
| Sec. 232.902. MODEL RULES FOR WATER SUPPLY AND SEWER | ||
| SERVICES IN CERTAIN COUNTIES. (a) This section applies only to a | ||
| county that contains a groundwater conservation district governed | ||
| by Chapter 36, Water Code. | ||
| (b) The commissioners court of a county subject to this | ||
| section may adopt model rules for the subdivision of land in the | ||
| unincorporated area of the county. | ||
| (c) Model rules adopted under this section may only regulate | ||
| standards for the safe and sanitary supply of water and sewer | ||
| services. | ||
| (d) Model rules adopted under this section must be in | ||
| compliance with the model rules adopted under Section 16.343, Water | ||
| Code. | ||
| SECTION 9. Sections 352.082(a) and (c), Local Government | ||
| Code, are amended to read as follows: | ||
| (a) This section applies only to: | ||
| (1) the unincorporated area of a county: | ||
| (A) [ |
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| population of 3.3 million or more; and | ||
| (B) [ |
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| that has 20,000 or more acres of land, that was originally | ||
| established under the Urban Growth and New Community Development | ||
| Act of 1970 (42 U.S.C. Section 4501 et seq.), and that is subject to | ||
| restrictive covenants containing ad valorem or annual variable | ||
| budget based assessments on real property; or | ||
| (2) the unincorporated area of a county that offers | ||
| solid waste disposal services to persons in its territory. | ||
| (c) A person commits an offense if the person intentionally | ||
| or knowingly burns household refuse outdoors on a lot that is | ||
| either: | ||
| (1) located in the unincorporated area of a county | ||
| described by Subsection (a)(1) and: | ||
| (A) located in a neighborhood; or | ||
| (B) [ |
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| (2) located in the unincorporated area of a county | ||
| described by Subsection (a)(2), if the commissioners court of the | ||
| county has established a mandatory program under Section 364.034, | ||
| Health and Safety Code, that benefits the lot. | ||
| SECTION 10. The Local Government Code is amended by adding | ||
| Title 15 to read as follows: | ||
| TITLE 15. REQUIREMENTS FOR CREATION OF CERTAIN LOCAL GOVERNMENTAL | ||
| ENTITIES | ||
| SUBTITLE A. MUNICIPAL REQUIREMENTS | ||
| SUBTITLE B. COUNTY REQUIREMENTS | ||
| CHAPTER 661. SPECIAL DISTRICTS | ||
| Sec. 661.001. DEFINITION. In this chapter, "special | ||
| district" means a political subdivision with a limited geographic | ||
| area created by local law or under general law for a special | ||
| purpose. | ||
| Sec. 661.002. REQUIREMENTS FOR PROPOSED LOCAL LAW | ||
| DISTRICTS. (a) This section applies only to a special district | ||
| created by local law. | ||
| (b) Except as provided by Subsection (c), the commissioners | ||
| court of a county in which a special district is proposed to be | ||
| located may by order adopt requirements for the district to ensure | ||
| that all county territory included in the district will benefit | ||
| from the creation of the district. | ||
| (c) The commissioners court of a county may not adopt an | ||
| order described by Subsection (b) for a special district after the | ||
| effective date of the Act that creates the district. | ||
| (d) A special district shall comply with each order adopted | ||
| under Subsection (b) that applies to the district. | ||
| Sec. 661.003. APPROVAL BEFORE CREATION OF GENERAL LAW | ||
| DISTRICTS. (a) This section applies only to a special district | ||
| created under general law. | ||
| (b) A special district may not be created unless the | ||
| commissioners court of each county in which the district is | ||
| proposed to be located approves the creation of the district after | ||
| each court holds a hearing described by Subsection (c). | ||
| (c) On the request of a person proposing to create a special | ||
| district in a county, the commissioners court of the county shall | ||
| hold a hearing in which the court accepts evidence on the creation | ||
| of the district and whether: | ||
| (1) the creation of the district is feasible, | ||
| practicable, and necessary; and | ||
| (2) the district would wholly or partly benefit the | ||
| county. | ||
| Sec. 661.004. EXCEPTIONS. This chapter does not apply to a | ||
| special district if: | ||
| (1) the creation of the district is initiated by the | ||
| commissioners court of a county; or | ||
| (2) other law requires the approval of the | ||
| commissioners court of a county before the district may be created. | ||
| SECTION 11. Section 7.107, Water Code, is amended to read as | ||
| follows: | ||
| Sec. 7.107. DIVISION OF CIVIL PENALTY; DISPOSITION OF | ||
| STATE'S PORTION OF CIVIL PENALTY. (a) Except in a suit brought for | ||
| a violation of Chapter 28 of this code or of Chapter 401, Health and | ||
| Safety Code, a civil penalty recovered in a suit brought under this | ||
| subchapter by a local government shall be divided as follows: | ||
| (1) the first $4.3 million of the amount recovered | ||
| shall be divided equally between: | ||
| (A) the state; and | ||
| (B) the local government that brought the suit; | ||
| and | ||
| (2) any amount recovered in excess of $4.3 million | ||
| shall be awarded to the state. | ||
| (b) One-half of the state's portion of a civil penalty under | ||
| Subsection (a) shall be deposited to the credit of the special | ||
| environmental remediation fund created under Section 7.1075. | ||
| SECTION 12. Subchapter D, Chapter 7, Water Code, is amended | ||
| by adding Section 7.1075 to read as follows: | ||
| Sec. 7.1075. SPECIAL ENVIRONMENTAL REMEDIATION FUND; GRANT | ||
| PROGRAM. (a) The environmental remediation fund is created as a | ||
| special fund in the state treasury outside the general revenue | ||
| fund. The fund consists of money deposited to the credit of the | ||
| fund under Section 7.107. Money in the fund may be appropriated | ||
| only to the commission for purposes of the grant program | ||
| established under Subsection (b). | ||
| (b) From money appropriated from the special environmental | ||
| remediation fund for that purpose, the commission shall establish | ||
| and administer a grant program to provide financial assistance to | ||
| counties and municipalities for environmental remediation | ||
| projects. | ||
| (c) The commission shall adopt rules to implement the | ||
| program established under Subsection (b), including rules | ||
| establishing: | ||
| (1) eligibility criteria for grant applicants and | ||
| environmental remediation projects; | ||
| (2) grant application procedures; | ||
| (3) criteria for evaluating grant applications and | ||
| awarding grants; | ||
| (4) guidelines related to grant amounts; and | ||
| (5) procedures for monitoring the use of a grant | ||
| awarded under Subsection (b) and ensuring compliance with any | ||
| conditions of the grant. | ||
| SECTION 13. Section 791.037(b), Government Code, is | ||
| repealed. | ||
| SECTION 14. Section 352.082, Local Government Code, as | ||
| amended by this Act, applies only to an offense committed on or | ||
| after the effective date of this Act. An offense committed before | ||
| the effective date of this Act is governed by the law in effect when | ||
| the offense was committed, and the former law is continued in effect | ||
| for that purpose. For purposes of this section, an offense was | ||
| committed before the effective date of this Act if any element of | ||
| the offense occurred before that date. | ||
| SECTION 15. Section 661.003, Local Government Code, as | ||
| added by this Act, applies only to a special district, as defined by | ||
| Section 661.001, Local Government Code, as added by this Act, | ||
| created on or after the effective date of this Act. | ||
| SECTION 16. Section 7.107, Water Code, as amended by this | ||
| Act, applies only to a violation that occurs on or after the | ||
| effective date of this Act. A violation that occurs before the | ||
| effective date of this Act is governed by the law in effect on the | ||
| date the violation occurred, and the former law is continued in | ||
| effect for that purpose. | ||
| SECTION 17. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
