Texas 2017 - 85th Regular

Texas House Bill HB2140 Compare Versions

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11 85R12059 SLB-F
22 By: Guillen H.B. No. 2140
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of an advisory panel to study and compile a
88 report on best management practices and funding mechanisms for the
99 prevention, mitigation, and abatement of windblown and waterborne
1010 litter and illegal dumping in communities.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. DEFINITION. In this Act, "advisory panel" means
1313 the Texas Litter and Illegal Dumping Advisory Panel created under
1414 Section 2 of this Act.
1515 SECTION 2. TEXAS LITTER AND ILLEGAL DUMPING ADVISORY PANEL.
1616 (a) The Texas Litter and Illegal Dumping Advisory Panel consists of
1717 members appointed not later than November 1, 2017, as follows:
1818 (1) the executive director or the executive director's
1919 designee of the following entities shall appoint a representative
2020 for that entity:
2121 (A) the Department of Agriculture;
2222 (B) the Department of Public Safety;
2323 (C) the General Land Office;
2424 (D) the Parks and Wildlife Department;
2525 (E) the Railroad Commission of Texas;
2626 (F) the Texas Commission on Environmental
2727 Quality;
2828 (G) the Texas Department of Transportation; and
2929 (H) the Texas Economic Development and Tourism
3030 Office within the office of the governor;
3131 (2) the lieutenant governor shall appoint three
3232 members with each member to represent one of the following:
3333 (A) a county;
3434 (B) an irrigation district; and
3535 (C) a navigation district or a flood control
3636 district;
3737 (3) the governor shall appoint three members with each
3838 member to represent one of the following:
3939 (A) the interests of the private solid waste
4040 remediation industry;
4141 (B) a statewide nonprofit organization focused
4242 on litter prevention, mitigation, and abatement; and
4343 (C) the interests of agricultural land owners;
4444 and
4545 (4) the speaker of the house of representatives shall
4646 appoint three members with each member to represent one of the
4747 following:
4848 (A) a municipality;
4949 (B) a river authority; and
5050 (C) a drainage district.
5151 (b) The representative of the Texas Commission on
5252 Environmental Quality is the presiding officer of the advisory
5353 panel.
5454 (c) A member of the advisory panel is not entitled to
5555 receive compensation for service on the advisory panel but is
5656 entitled to reimbursement of the travel expenses incurred by the
5757 member while conducting the business of the advisory panel.
5858 (d) The advisory panel may accept gifts and grants from any
5959 source to be used to carry out a function of the advisory panel.
6060 SECTION 3. STUDY. The advisory panel shall conduct a study
6161 on existing best management practices and funding mechanisms in
6262 this state for the prevention, mitigation, and abatement of
6363 windblown and waterborne litter and illegal dumping in communities
6464 by:
6565 (1) identifying and evaluating best management
6666 practices for municipal, commercial, industrial, and agricultural
6767 properties, including the feasibility, costs, and benefits of those
6868 practices; and
6969 (2) evaluating:
7070 (A) the feasibility and implementation needs of
7171 best management practices in different regions of the state;
7272 (B) the jurisdiction and effectiveness of law
7373 enforcement;
7474 (C) the role of state funding for incentive
7575 programs; and
7676 (D) the appropriate state oversight and
7777 community support efforts.
7878 SECTION 4. RECOMMENDATIONS. At the conclusion of the
7979 study, the advisory panel shall make recommendations to the Texas
8080 Commission on Environmental Quality and the Texas Department of
8181 Transportation on:
8282 (1) standardized methods for reporting and using best
8383 management practices; and
8484 (2) other possible strategies, as appropriate.
8585 SECTION 5. ASSISTANCE OF STATE AGENCIES. On request by the
8686 advisory panel, a state agency shall provide assistance to the
8787 advisory panel, including necessary support staff.
8888 SECTION 6. PUBLIC MEETINGS. The advisory panel may hold
8989 public meetings as needed to carry out the duties described by this
9090 Act.
9191 SECTION 7. BEST PRACTICES GUIDE AND REPORT TO LEGISLATURE.
9292 Not later than November 1, 2018, the advisory panel shall:
9393 (1) publish a best management practices guide for use
9494 by state agencies and counties, municipalities, and other political
9595 subdivisions responsible for the prevention, mitigation, and
9696 abatement of litter and illegal dumping, including information on
9797 potential funding sources; and
9898 (2) make a final report to the lieutenant governor,
9999 the speaker of the house of representatives, and the legislative
100100 committees with primary jurisdiction over the issues described in
101101 the report. The report must include recommendations on additional
102102 legislative action, if any, that is needed to implement the
103103 recommended best management practices.
104104 SECTION 8. EXPIRATION. This Act expires and the advisory
105105 panel is abolished on January 1, 2020.
106106 SECTION 9. EFFECTIVE DATE. This Act takes effect
107107 immediately if it receives a vote of two-thirds of all the members
108108 elected to each house, as provided by Section 39, Article III, Texas
109109 Constitution. If this Act does not receive the vote necessary for
110110 immediate effect, this Act takes effect September 1, 2017.