1 | 1 | | 86R13801 SLB-F |
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2 | 2 | | By: Guillen H.B. No. 2948 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the creation of an advisory panel to study and compile a |
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8 | 8 | | report on best management practices and funding mechanisms for the |
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9 | 9 | | prevention, mitigation, and abatement of windblown and waterborne |
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10 | 10 | | litter in communities. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. DEFINITION. In this Act, "advisory panel" means |
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13 | 13 | | the Texas Litter Advisory Panel created under Section 2 of this Act. |
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14 | 14 | | SECTION 2. TEXAS LITTER ADVISORY PANEL. (a) The Texas |
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15 | 15 | | Litter Advisory Panel consists of members appointed not later than |
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16 | 16 | | November 1, 2019, as follows: |
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17 | 17 | | (1) the executive director or the executive director's |
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18 | 18 | | designee of the following entities shall appoint a representative |
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19 | 19 | | for that entity: |
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20 | 20 | | (A) the Department of Agriculture; |
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21 | 21 | | (B) the General Land Office; |
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22 | 22 | | (C) the Parks and Wildlife Department; |
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23 | 23 | | (D) the Railroad Commission of Texas; |
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24 | 24 | | (E) the Texas Commission on Environmental |
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25 | 25 | | Quality; |
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26 | 26 | | (F) the Texas Department of Transportation; and |
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27 | 27 | | (G) the Texas Economic Development and Tourism |
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28 | 28 | | Office within the office of the governor; |
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29 | 29 | | (2) the lieutenant governor shall appoint three |
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30 | 30 | | members with each member to represent one of the following: |
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31 | 31 | | (A) a county; |
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32 | 32 | | (B) an irrigation district; and |
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33 | 33 | | (C) a navigation district or a flood control |
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34 | 34 | | district; |
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35 | 35 | | (3) the governor shall appoint four members with each |
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36 | 36 | | member to represent one of the following: |
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37 | 37 | | (A) the interests of the private solid waste |
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38 | 38 | | remediation industry; |
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39 | 39 | | (B) a statewide nonprofit organization focused |
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40 | 40 | | on litter prevention, mitigation, and abatement; |
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41 | 41 | | (C) the interests of agricultural land owners; |
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42 | 42 | | and |
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43 | 43 | | (D) the interests of cattle raisers; and |
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44 | 44 | | (4) the speaker of the house of representatives shall |
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45 | 45 | | appoint three members with each member to represent one of the |
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46 | 46 | | following: |
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47 | 47 | | (A) a municipality; |
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48 | 48 | | (B) a river authority; and |
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49 | 49 | | (C) a drainage district. |
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50 | 50 | | (b) The representative of the Texas Commission on |
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51 | 51 | | Environmental Quality is the presiding officer of the advisory |
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52 | 52 | | panel. |
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53 | 53 | | (c) A member of the advisory panel is not entitled to |
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54 | 54 | | receive compensation for service on the advisory panel but is |
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55 | 55 | | entitled to reimbursement of the travel expenses incurred by the |
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56 | 56 | | member while conducting the business of the advisory panel. |
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57 | 57 | | (d) The advisory panel may accept gifts and grants from any |
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58 | 58 | | source to be used to carry out a function of the advisory panel. |
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59 | 59 | | SECTION 3. STUDY. The advisory panel shall conduct a study |
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60 | 60 | | on existing best management practices and funding mechanisms in |
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61 | 61 | | this state for the prevention, mitigation, and abatement of |
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62 | 62 | | windblown and waterborne litter, including helium balloons, in |
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63 | 63 | | communities by: |
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64 | 64 | | (1) identifying and evaluating best management |
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65 | 65 | | practices for municipal, commercial, industrial, and agricultural |
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66 | 66 | | properties, including the feasibility, costs, and benefits of those |
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67 | 67 | | practices; and |
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68 | 68 | | (2) evaluating: |
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69 | 69 | | (A) the feasibility and implementation needs of |
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70 | 70 | | best management practices in different regions of the state; |
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71 | 71 | | (B) the jurisdiction and effectiveness of law |
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72 | 72 | | enforcement; |
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73 | 73 | | (C) the role of state funding for incentive |
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74 | 74 | | programs; and |
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75 | 75 | | (D) the appropriate state oversight and |
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76 | 76 | | community support efforts. |
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77 | 77 | | SECTION 4. RECOMMENDATIONS. At the conclusion of the |
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78 | 78 | | study, the advisory panel shall make recommendations to the Texas |
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79 | 79 | | Commission on Environmental Quality and the Texas Department of |
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80 | 80 | | Transportation on: |
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81 | 81 | | (1) standardized methods for reporting and using best |
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82 | 82 | | management practices; and |
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83 | 83 | | (2) other possible strategies, as appropriate. |
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84 | 84 | | SECTION 5. ASSISTANCE OF STATE AGENCIES. On request by the |
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85 | 85 | | advisory panel, a state agency shall provide assistance to the |
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86 | 86 | | advisory panel, including necessary support staff. |
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87 | 87 | | SECTION 6. PUBLIC MEETINGS. The advisory panel may hold |
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88 | 88 | | public meetings as needed to carry out the duties described by this |
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89 | 89 | | Act. |
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90 | 90 | | SECTION 7. BEST PRACTICES GUIDE AND REPORT TO LEGISLATURE. |
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91 | 91 | | Not later than November 1, 2020, the advisory panel shall: |
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92 | 92 | | (1) publish a best management practices guide for use |
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93 | 93 | | by state agencies and counties, municipalities, and other political |
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94 | 94 | | subdivisions responsible for the prevention, mitigation, and |
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95 | 95 | | abatement of litter, including information on potential funding |
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96 | 96 | | sources; and |
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97 | 97 | | (2) make a final report to the lieutenant governor, |
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98 | 98 | | the speaker of the house of representatives, and the legislative |
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99 | 99 | | committees with primary jurisdiction over the issues described in |
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100 | 100 | | the report. The report must include recommendations on additional |
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101 | 101 | | legislative action, if any, that is needed to implement the |
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102 | 102 | | recommended best management practices. |
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103 | 103 | | SECTION 8. EXPIRATION. This Act expires and the advisory |
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104 | 104 | | panel is abolished on January 1, 2022. |
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105 | 105 | | SECTION 9. EFFECTIVE DATE. This Act takes effect |
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106 | 106 | | immediately if it receives a vote of two-thirds of all the members |
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107 | 107 | | elected to each house, as provided by Section 39, Article III, Texas |
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108 | 108 | | Constitution. If this Act does not receive the vote necessary for |
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109 | 109 | | immediate effect, this Act takes effect September 1, 2019. |
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