88R1903 JAM-D
By: Zaffirini S.B. No. 1596
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Texas Cleaner Landscapes for
the Economy, Agriculture, and Nature (CLEAN) Advisory Council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Texas Cleaner
Landscapes for the Economy, Agriculture, and Nature (CLEAN) Act.
SECTION 2. Subtitle B, Title 5, Health and Safety Code, is
amended by adding Chapter 375 to read as follows:
CHAPTER 375. TEXAS CLEANER LANDSCAPES FOR THE ECONOMY,
AGRICULTURE, AND NATURE ADVISORY COUNCIL
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 375.0101. DEFINITIONS. In this chapter:
(1) "Beverage container":
(A) means an individual, separate, and sealed
container that is made entirely or of any combination of glass,
aluminum, steel, other metal, or plastic, regardless of size, and
is used for containing, at the time of sale to a consumer, a
beverage for consumption; and
(B) does not include refillable containers that
are intended to be refilled and reused more than once for sale or
distribution.
(2) "Carryout bag":
(A) means a bag that is designed for one use and
provided gratuitously by a grocery store, retail store, or food
service establishment at the point of sale for the purpose of
transporting groceries, prepared foods, or consumer goods; and
(B) does not include a bag:
(i) that lacks handles and is used to
prevent an item of food from damaging or contaminating another food
item;
(ii) intended to contain an unwrapped food
item, food items sold in bulk, or a hot food item;
(iii) used as part of distributing
newspapers; or
(iv) used by a customer to transport dry
cleaning or pharmaceuticals.
(3) "Council" means the Texas Cleaner Landscapes for
the Economy, Agriculture, and Nature Advisory Council.
(4) "Food service establishment" means an
establishment, place, or location, whether permanent, temporary,
seasonal, or itinerant, where food is prepared and the public is
offered to be served, or is served, prepared food.
(5) "Grocery store" means a business primarily engaged
in the retail sale of packaged food for off-site consumption.
(6) "Retail store" means a business engaged in the
sale of consumer goods.
SUBCHAPTER B. TEXAS CLEANER LANDSCAPES FOR THE ECONOMY,
AGRICULTURE, AND NATURE ADVISORY COUNCIL
Sec. 375.0201. TEXAS CLEANER LANDSCAPES FOR THE ECONOMY,
AGRICULTURE, AND NATURE ADVISORY COUNCIL. (a) The Texas Cleaner
Landscapes for the Economy, Agriculture, and Nature Advisory
Council consists of 13 residents of this state appointed as
follows:
(1) four members appointed by the governor as follows:
(A) one representative of county governments;
(B) one representative of the agriculture
industry;
(C) one representative of the solid waste
industry; and
(D) one representative of the conservation
community;
(2) three members appointed by the lieutenant governor
as follows:
(A) one representative of retailers who sell or
give away beverage containers or carryout bags;
(B) one representative of manufacturers or
distributors of beverage containers or carryout bags; and
(C) one representative of businesses that
utilize recycled glass, aluminum, or plastic in manufacturing
operations;
(3) three members appointed by the governor from a
list provided by the speaker of the house of representatives as
follows:
(A) one representative of retailers who sell or
give away beverage containers or carryout bags;
(B) one representative of manufacturers or
distributors of beverage containers or carryout bags; and
(C) one representative of businesses that
utilize recycled glass, aluminum, or plastic in manufacturing
operations;
(4) the comptroller or the comptroller's designee, who
serves as a voting ex officio member;
(5) the executive director of the Texas Department of
Transportation or that executive director's designee, who serves as
a voting ex officio member; and
(6) the commissioner of agriculture or the
commissioner's designee, who serves as a voting ex officio member.
(b) The members serve staggered terms of six years with
three or four members' terms, as applicable, expiring February 1 of
even-numbered years.
(c) The members shall elect a chair and a vice chair, whose
duties are established by the council.
(d) In making the appointments under Subsection (a), an
appointing authority shall strive to ensure that the council is
composed of persons who are diverse in professional or educational
background, ethnicity, race, sex, geographic residency, heritage,
perspective, and experience.
Sec. 375.0202. MEETINGS. (a) The council shall elect its
chair and vice chair annually.
(a-1) Notwithstanding Subsection (c), the comptroller shall
call the first meeting of the council. The council shall elect its
chair and vice chair at that meeting. This subsection expires
September 1, 2025.
(b) The council shall:
(1) establish a time and place for regular meetings;
and
(2) meet not less than once quarterly.
(c) All meetings of the council, including emergency
meetings, are at the call of the chair with written notice given to
all council members.
(d) The council may conduct special or regular meetings by
electronic or other means pursuant to Chapter 551, Government Code.
(e) A majority of the voting members of the council
constitutes a quorum. If a quorum is present, the council may act
on any matter within its jurisdiction by a majority vote.
Sec. 375.0203. VACANCY. A vacancy on the council shall be
filled for the unexpired term in the same manner as the original
appointment.
Sec. 375.0204. REMOVAL. The respective appointing
authorities may remove a member of the council other than an ex
officio member for misconduct, incapacity, or neglect of duty.
Sec. 375.0205. COMPENSATION. A member of the council is not
entitled to compensation for services on the council but is
entitled to reimbursement for actual reasonable and necessary
expenses incurred in performing council duties.
Sec. 375.0206. DUTIES. (a) The council shall:
(1) create and implement a program that recovers, for
the purpose of recycling, 85 percent of plastic, glass, and
aluminum beverage containers sold within this state;
(2) develop a carryout bag reduction and recycling
program to:
(A) address the proliferation of carryout bags;
and
(B) reduce a source of litter on the landscape,
source of contamination to recycling systems, source of injury to
wildlife and livestock, and threat to this state's agriculture
industry;
(3) develop and implement a statewide litter program
to comprehensively address litter prevention and reduction;
(4) evaluate existing state laws, and any
administrative rules related to those laws, that address litter;
and
(5) report to the legislature on the effectiveness of
any laws and rules evaluated under Subdivision (4) and make
recommendations on how those laws and rules may be improved.
(b) In developing and implementing programs required by
Subsections (a)(1)-(3), the council shall:
(1) determine how money generated from a program
developed under Subsection (a)(1) may be used for the purposes of
this chapter;
(2) develop and implement a system to prevent fraud
and abuse of the programs;
(3) establish civil penalties to deter fraud;
(4) work with manufacturers to maximize the amount of
recovered material returned to the production cycle; and
(5) take any other action directly related to the
development of the programs and to effectuate the purposes of this
chapter.
Sec. 375.0207. REPORT. (a) Not later than September 1 of
each year, the council shall prepare and submit to the governor and
the legislature a financial report on the implementation of the
programs described by Sections 375.0206(a)(1)-(3).
(b) Not later than September 1, 2027, the council shall
prepare and submit to the governor and the legislature a report that
details the operational framework of the programs described by
Sections 375.0206(a)(1)-(3) as of that date. This subsection
expires January 1, 2028.
Sec. 375.0208. IMPLEMENTATION AND RULES. (a) The
comptroller, in consultation with the council, may adopt rules to
effectuate the purposes of this chapter.
(b) Before developing and implementing the programs
required under Sections 375.0206(a)(1)-(3), performing the
evaluation required under Section 375.0206(a)(4), and making the
reports required under Sections 375.0206(a)(5) and 375.0207, the
comptroller shall:
(1) research, evaluate, and develop recommendations
in order to determine the most effective methods and actions
necessary to effectuate the purposes of this chapter; and
(2) submit those recommendations to the council.
SECTION 3. (a) Not later than December 1, 2024, the
appropriate appointing authority shall appoint the members to the
Texas Cleaner Landscapes for the Economy, Agriculture, and Nature
Advisory Council as required by Section 375.0201, Health and Safety
Code, as added by this Act.
(b) Notwithstanding Section 375.0201, Health and Safety
Code, as added by this Act, in making the initial appointments under
that section, the governor and lieutenant governor shall, as
applicable, designate one member of the Texas Cleaner Landscapes
for the Economy, Agriculture, and Nature Advisory Council appointed
by that person to serve a term expiring February 1, 2026, one member
appointed by that person to serve a term expiring February 1, 2028,
and one member appointed by that person to serve a term expiring
February 1, 2030. The governor shall appoint an additional member
to serve a term expiring February 1, 2026.
SECTION 4. (a) Not later than June 30, 2026, the Texas
Cleaner Landscapes for the Economy, Agriculture, and Nature
Advisory Council shall develop and begin the implementation of
programs described by Section 375.0206(a), Health and Safety Code,
as added by this Act, and shall make the report regarding state laws
and administrative rules as required by Subsection (a)(5) of that
section.
(b) Not later than September 1, 2027, the Texas Cleaner
Landscapes for the Economy, Agriculture, and Nature Advisory
Council shall submit to the legislature and the governor the
initial report required under Section 375.0207(a), Health and
Safety Code, as added by this Act.
SECTION 5. This Act takes effect September 1, 2023.