Texas 2023 - 88th Regular

Texas Senate Bill SB1596 Compare Versions

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1	1	88R1903 JAM-D
2	2	By: Zaffirini S.B. No. 1596
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of the Texas Cleaner Landscapes for
8	8	the Economy, Agriculture, and Nature (CLEAN) Advisory Council.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act may be cited as the Texas Cleaner
11	11	Landscapes for the Economy, Agriculture, and Nature (CLEAN) Act.
12	12	SECTION 2. Subtitle B, Title 5, Health and Safety Code, is
13	13	amended by adding Chapter 375 to read as follows:
14	14	CHAPTER 375. TEXAS CLEANER LANDSCAPES FOR THE ECONOMY,
15	15	AGRICULTURE, AND NATURE ADVISORY COUNCIL
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 375.0101. DEFINITIONS. In this chapter:
18	18	(1) "Beverage container":
19	19	(A) means an individual, separate, and sealed
20	20	container that is made entirely or of any combination of glass,
21	21	aluminum, steel, other metal, or plastic, regardless of size, and
22	22	is used for containing, at the time of sale to a consumer, a
23	23	beverage for consumption; and
24	24	(B) does not include refillable containers that
25	25	are intended to be refilled and reused more than once for sale or
26	26	distribution.
27	27	(2) "Carryout bag":
28	28	(A) means a bag that is designed for one use and
29	29	provided gratuitously by a grocery store, retail store, or food
30	30	service establishment at the point of sale for the purpose of
31	31	transporting groceries, prepared foods, or consumer goods; and
32	32	(B) does not include a bag:
33	33	(i) that lacks handles and is used to
34	34	prevent an item of food from damaging or contaminating another food
35	35	item;
36	36	(ii) intended to contain an unwrapped food
37	37	item, food items sold in bulk, or a hot food item;
38	38	(iii) used as part of distributing
39	39	newspapers; or
40	40	(iv) used by a customer to transport dry
41	41	cleaning or pharmaceuticals.
42	42	(3) "Council" means the Texas Cleaner Landscapes for
43	43	the Economy, Agriculture, and Nature Advisory Council.
44	44	(4) "Food service establishment" means an
45	45	establishment, place, or location, whether permanent, temporary,
46	46	seasonal, or itinerant, where food is prepared and the public is
47	47	offered to be served, or is served, prepared food.
48	48	(5) "Grocery store" means a business primarily engaged
49	49	in the retail sale of packaged food for off-site consumption.
50	50	(6) "Retail store" means a business engaged in the
51	51	sale of consumer goods.
52	52	SUBCHAPTER B. TEXAS CLEANER LANDSCAPES FOR THE ECONOMY,
53	53	AGRICULTURE, AND NATURE ADVISORY COUNCIL
54	54	Sec. 375.0201. TEXAS CLEANER LANDSCAPES FOR THE ECONOMY,
55	55	AGRICULTURE, AND NATURE ADVISORY COUNCIL. (a) The Texas Cleaner
56	56	Landscapes for the Economy, Agriculture, and Nature Advisory
57	57	Council consists of 13 residents of this state appointed as
58	58	follows:
59	59	(1) four members appointed by the governor as follows:
60	60	(A) one representative of county governments;
61	61	(B) one representative of the agriculture
62	62	industry;
63	63	(C) one representative of the solid waste
64	64	industry; and
65	65	(D) one representative of the conservation
66	66	community;
67	67	(2) three members appointed by the lieutenant governor
68	68	as follows:
69	69	(A) one representative of retailers who sell or
70	70	give away beverage containers or carryout bags;
71	71	(B) one representative of manufacturers or
72	72	distributors of beverage containers or carryout bags; and
73	73	(C) one representative of businesses that
74	74	utilize recycled glass, aluminum, or plastic in manufacturing
75	75	operations;
76	76	(3) three members appointed by the governor from a
77	77	list provided by the speaker of the house of representatives as
78	78	follows:
79	79	(A) one representative of retailers who sell or
80	80	give away beverage containers or carryout bags;
81	81	(B) one representative of manufacturers or
82	82	distributors of beverage containers or carryout bags; and
83	83	(C) one representative of businesses that
84	84	utilize recycled glass, aluminum, or plastic in manufacturing
85	85	operations;
86	86	(4) the comptroller or the comptroller's designee, who
87	87	serves as a voting ex officio member;
88	88	(5) the executive director of the Texas Department of
89	89	Transportation or that executive director's designee, who serves as
90	90	a voting ex officio member; and
91	91	(6) the commissioner of agriculture or the
92	92	commissioner's designee, who serves as a voting ex officio member.
93	93	(b) The members serve staggered terms of six years with
94	94	three or four members' terms, as applicable, expiring February 1 of
95	95	even-numbered years.
96	96	(c) The members shall elect a chair and a vice chair, whose
97	97	duties are established by the council.
98	98	(d) In making the appointments under Subsection (a), an
99	99	appointing authority shall strive to ensure that the council is
100	100	composed of persons who are diverse in professional or educational
101	101	background, ethnicity, race, sex, geographic residency, heritage,
102	102	perspective, and experience.
103	103	Sec. 375.0202. MEETINGS. (a) The council shall elect its
104	104	chair and vice chair annually.
105	105	(a-1) Notwithstanding Subsection (c), the comptroller shall
106	106	call the first meeting of the council. The council shall elect its
107	107	chair and vice chair at that meeting. This subsection expires
108	108	September 1, 2025.
109	109	(b) The council shall:
110	110	(1) establish a time and place for regular meetings;
111	111	and
112	112	(2) meet not less than once quarterly.
113	113	(c) All meetings of the council, including emergency
114	114	meetings, are at the call of the chair with written notice given to
115	115	all council members.
116	116	(d) The council may conduct special or regular meetings by
117	117	electronic or other means pursuant to Chapter 551, Government Code.
118	118	(e) A majority of the voting members of the council
119	119	constitutes a quorum. If a quorum is present, the council may act
120	120	on any matter within its jurisdiction by a majority vote.
121	121	Sec. 375.0203. VACANCY. A vacancy on the council shall be
122	122	filled for the unexpired term in the same manner as the original
123	123	appointment.
124	124	Sec. 375.0204. REMOVAL. The respective appointing
125	125	authorities may remove a member of the council other than an ex
126	126	officio member for misconduct, incapacity, or neglect of duty.
127	127	Sec. 375.0205. COMPENSATION. A member of the council is not
128	128	entitled to compensation for services on the council but is
129	129	entitled to reimbursement for actual reasonable and necessary
130	130	expenses incurred in performing council duties.
131	131	Sec. 375.0206. DUTIES. (a) The council shall:
132	132	(1) create and implement a program that recovers, for
133	133	the purpose of recycling, 85 percent of plastic, glass, and
134	134	aluminum beverage containers sold within this state;
135	135	(2) develop a carryout bag reduction and recycling
136	136	program to:
137	137	(A) address the proliferation of carryout bags;
138	138	and
139	139	(B) reduce a source of litter on the landscape,
140	140	source of contamination to recycling systems, source of injury to
141	141	wildlife and livestock, and threat to this state's agriculture
142	142	industry;
143	143	(3) develop and implement a statewide litter program
144	144	to comprehensively address litter prevention and reduction;
145	145	(4) evaluate existing state laws, and any
146	146	administrative rules related to those laws, that address litter;
147	147	and
148	148	(5) report to the legislature on the effectiveness of
149	149	any laws and rules evaluated under Subdivision (4) and make
150	150	recommendations on how those laws and rules may be improved.
151	151	(b) In developing and implementing programs required by
152	152	Subsections (a)(1)-(3), the council shall:
153	153	(1) determine how money generated from a program
154	154	developed under Subsection (a)(1) may be used for the purposes of
155	155	this chapter;
156	156	(2) develop and implement a system to prevent fraud
157	157	and abuse of the programs;
158	158	(3) establish civil penalties to deter fraud;
159	159	(4) work with manufacturers to maximize the amount of
160	160	recovered material returned to the production cycle; and
161	161	(5) take any other action directly related to the
162	162	development of the programs and to effectuate the purposes of this
163	163	chapter.
164	164	Sec. 375.0207. REPORT. (a) Not later than September 1 of
165	165	each year, the council shall prepare and submit to the governor and
166	166	the legislature a financial report on the implementation of the
167	167	programs described by Sections 375.0206(a)(1)-(3).
168	168	(b) Not later than September 1, 2027, the council shall
169	169	prepare and submit to the governor and the legislature a report that
170	170	details the operational framework of the programs described by
171	171	Sections 375.0206(a)(1)-(3) as of that date. This subsection
172	172	expires January 1, 2028.
173	173	Sec. 375.0208. IMPLEMENTATION AND RULES. (a) The
174	174	comptroller, in consultation with the council, may adopt rules to
175	175	effectuate the purposes of this chapter.
176	176	(b) Before developing and implementing the programs
177	177	required under Sections 375.0206(a)(1)-(3), performing the
178	178	evaluation required under Section 375.0206(a)(4), and making the
179	179	reports required under Sections 375.0206(a)(5) and 375.0207, the
180	180	comptroller shall:
181	181	(1) research, evaluate, and develop recommendations
182	182	in order to determine the most effective methods and actions
183	183	necessary to effectuate the purposes of this chapter; and
184	184	(2) submit those recommendations to the council.
185	185	SECTION 3. (a) Not later than December 1, 2024, the
186	186	appropriate appointing authority shall appoint the members to the
187	187	Texas Cleaner Landscapes for the Economy, Agriculture, and Nature
188	188	Advisory Council as required by Section 375.0201, Health and Safety
189	189	Code, as added by this Act.
190	190	(b) Notwithstanding Section 375.0201, Health and Safety
191	191	Code, as added by this Act, in making the initial appointments under
192	192	that section, the governor and lieutenant governor shall, as
193	193	applicable, designate one member of the Texas Cleaner Landscapes
194	194	for the Economy, Agriculture, and Nature Advisory Council appointed
195	195	by that person to serve a term expiring February 1, 2026, one member
196	196	appointed by that person to serve a term expiring February 1, 2028,
197	197	and one member appointed by that person to serve a term expiring
198	198	February 1, 2030. The governor shall appoint an additional member
199	199	to serve a term expiring February 1, 2026.
200	200	SECTION 4. (a) Not later than June 30, 2026, the Texas
201	201	Cleaner Landscapes for the Economy, Agriculture, and Nature
202	202	Advisory Council shall develop and begin the implementation of
203	203	programs described by Section 375.0206(a), Health and Safety Code,
204	204	as added by this Act, and shall make the report regarding state laws
205	205	and administrative rules as required by Subsection (a)(5) of that
206	206	section.
207	207	(b) Not later than September 1, 2027, the Texas Cleaner
208	208	Landscapes for the Economy, Agriculture, and Nature Advisory
209	209	Council shall submit to the legislature and the governor the
210	210	initial report required under Section 375.0207(a), Health and
211	211	Safety Code, as added by this Act.
212	212	SECTION 5. This Act takes effect September 1, 2023.