86R13801 SLB-F
By: Guillen H.B. No. 2948
A BILL TO BE ENTITLED
AN ACT
relating to the creation of an advisory panel to study and compile a
report on best management practices and funding mechanisms for the
prevention, mitigation, and abatement of windblown and waterborne
litter in communities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITION. In this Act, "advisory panel" means
the Texas Litter Advisory Panel created under Section 2 of this Act.
SECTION 2. TEXAS LITTER ADVISORY PANEL. (a) The Texas
Litter Advisory Panel consists of members appointed not later than
November 1, 2019, as follows:
(1) the executive director or the executive director's
designee of the following entities shall appoint a representative
for that entity:
(A) the Department of Agriculture;
(B) the General Land Office;
(C) the Parks and Wildlife Department;
(D) the Railroad Commission of Texas;
(E) the Texas Commission on Environmental
Quality;
(F) the Texas Department of Transportation; and
(G) the Texas Economic Development and Tourism
Office within the office of the governor;
(2) the lieutenant governor shall appoint three
members with each member to represent one of the following:
(A) a county;
(B) an irrigation district; and
(C) a navigation district or a flood control
district;
(3) the governor shall appoint four members with each
member to represent one of the following:
(A) the interests of the private solid waste
remediation industry;
(B) a statewide nonprofit organization focused
on litter prevention, mitigation, and abatement;
(C) the interests of agricultural land owners;
and
(D) the interests of cattle raisers; and
(4) the speaker of the house of representatives shall
appoint three members with each member to represent one of the
following:
(A) a municipality;
(B) a river authority; and
(C) a drainage district.
(b) The representative of the Texas Commission on
Environmental Quality is the presiding officer of the advisory
panel.
(c) A member of the advisory panel is not entitled to
receive compensation for service on the advisory panel but is
entitled to reimbursement of the travel expenses incurred by the
member while conducting the business of the advisory panel.
(d) The advisory panel may accept gifts and grants from any
source to be used to carry out a function of the advisory panel.
SECTION 3. STUDY. The advisory panel shall conduct a study
on existing best management practices and funding mechanisms in
this state for the prevention, mitigation, and abatement of
windblown and waterborne litter, including helium balloons, in
communities by:
(1) identifying and evaluating best management
practices for municipal, commercial, industrial, and agricultural
properties, including the feasibility, costs, and benefits of those
practices; and
(2) evaluating:
(A) the feasibility and implementation needs of
best management practices in different regions of the state;
(B) the jurisdiction and effectiveness of law
enforcement;
(C) the role of state funding for incentive
programs; and
(D) the appropriate state oversight and
community support efforts.
SECTION 4. RECOMMENDATIONS. At the conclusion of the
study, the advisory panel shall make recommendations to the Texas
Commission on Environmental Quality and the Texas Department of
Transportation on:
(1) standardized methods for reporting and using best
management practices; and
(2) other possible strategies, as appropriate.
SECTION 5. ASSISTANCE OF STATE AGENCIES. On request by the
advisory panel, a state agency shall provide assistance to the
advisory panel, including necessary support staff.
SECTION 6. PUBLIC MEETINGS. The advisory panel may hold
public meetings as needed to carry out the duties described by this
Act.
SECTION 7. BEST PRACTICES GUIDE AND REPORT TO LEGISLATURE.
Not later than November 1, 2020, the advisory panel shall:
(1) publish a best management practices guide for use
by state agencies and counties, municipalities, and other political
subdivisions responsible for the prevention, mitigation, and
abatement of litter, including information on potential funding
sources; and
(2) make a final report to the lieutenant governor,
the speaker of the house of representatives, and the legislative
committees with primary jurisdiction over the issues described in
the report. The report must include recommendations on additional
legislative action, if any, that is needed to implement the
recommended best management practices.
SECTION 8. EXPIRATION. This Act expires and the advisory
panel is abolished on January 1, 2022.
SECTION 9. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2019.