| 1 | 1 | | 88R5056 DRS-D |
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| 2 | 2 | | By: Zwiener H.B. No. 2050 |
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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 local government prohibitions or restrictions on the |
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| 8 | 8 | | sale or use of a container or package. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 361.0961(a), Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) A local government or other political subdivision may |
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| 13 | 13 | | not adopt an ordinance, rule, or regulation to: |
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| 14 | 14 | | (1) [prohibit or restrict, for solid waste management |
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| 15 | 15 | | purposes, the sale or use of a container or package in a manner not |
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| 16 | 16 | | authorized by state law; |
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| 17 | 17 | | [(2)] prohibit or restrict the processing of solid |
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| 18 | 18 | | waste by a solid waste facility, except for a solid waste facility |
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| 19 | 19 | | owned by the local government, permitted by the commission for that |
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| 20 | 20 | | purpose in a manner not authorized by state law; or |
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| 21 | 21 | | (2) [(3)] assess a fee or deposit on the sale or use of |
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| 22 | 22 | | a container or package. |
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| 23 | 23 | | SECTION 2. This Act takes effect immediately if it receives |
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| 24 | 24 | | a vote of two-thirds of all the members elected to each house, as |
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| 25 | 25 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 26 | 26 | | Act does not receive the vote necessary for immediate effect, this |
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| 27 | 27 | | Act takes effect September 1, 2023. |
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