Texas 2023 - 88th 4th C.S.

Texas Senate Bill SB32 Compare Versions

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1	1	By: Zaffirini S.B. No. 32
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to land development, waste management, and the creation of
7	7	special districts in counties.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Section 791.037, Government Code,
10	10	is amended to read as follows:
11	11	Sec. 791.037. SOLID WASTE DISPOSAL SERVICES [IN CERTAIN
12	12	COUNTIES].
13	13	SECTION 2. Subchapter C, Chapter 361, Health and Safety
14	14	Code, is amended by adding Section 361.1121 to read as follows:
15	15	Sec. 361.1121. MARKING USED OR SCRAP TIRES IN CERTAIN
16	16	COUNTIES. (a) In this section:
17	17	(1) "Generator" includes a fleet operator, a tire
18	18	recapper or retreader, or a retailer, wholesaler, or manufacturer
19	19	of whole new or used tires. The term does not include a scrap tire
20	20	energy recovery facility or a scrap tire recycling facility.
21	21	(2) "Retailer" means a person who is engaged in the
22	22	business of selling or otherwise placing tires in the stream of
23	23	commerce for use on a vehicle, trailer, or piece of equipment.
24	24	(3) "Scrap tire" has the meaning assigned by Section
25	25	361.112. The term does not include a tire:
26	26	(A) in or on a vehicle that:
27	27	(i) has been crushed; or
28	28	(ii) is being transported to a registered
29	29	metal recycling entity or a licensed used automotive parts
30	30	recycler; or
31	31	(B) that is mounted on a metal wheel that is
32	32	intended to be recycled.
33	33	(4) "Used tire" means a tire that:
34	34	(A) has been used as a tire on a vehicle, trailer,
35	35	or piece of equipment;
36	36	(B) has tire tread at least one-sixteenth inch
37	37	deep;
38	38	(C) can still be used for its original intended
39	39	purpose; and
40	40	(D) meets the visual and tread depth requirements
41	41	for used tires established by the Department of Public Safety.
42	42	(b) This section applies only to a county with a population
43	43	of 150,000 or less.
44	44	(c) The commissioners court of a county to which this
45	45	section applies may establish and enforce a program requiring a
46	46	generator to mark used or scrap tires handled by the generator.
47	47	(d) A program established under this section must:
48	48	(1) assign to each generator a unique identifying mark
49	49	required to be affixed to or imprinted on each scrap or used tire
50	50	taken possession of or produced by the generator;
51	51	(2) allow a customer to retain a scrap or used tire
52	52	removed from the customer's vehicle during the purchase of a tire
53	53	from a retailer;
54	54	(3) require a retailer whose customer retains a scrap
55	55	or used tire to keep a record of the customer's retention; and
56	56	(4) include a system to inspect generators for
57	57	compliance.
58	58	SECTION 3. Section 364.011(a-2), Health and Safety Code, is
59	59	amended to read as follows:
60	60	(a-2) Notwithstanding Subsection (a), a commissioners court
61	61	may, through a competitive bidding process, contract for the
62	62	provision of solid waste collection, handling, storage, and
63	63	disposal in an area of the county located within the
64	64	extraterritorial jurisdiction of a municipality if[:
65	65	[(1)] the municipality does not provide solid waste
66	66	disposal services in that area[; and
67	67	[(2) the county has a population of more than 1.5
68	68	million and at least 70 percent of the population resides in a
69	69	single municipality].
70	70	SECTION 4. Section 364.034(a), Health and Safety Code, is
71	71	amended to read as follows:
72	72	(a) A public agency or a county may:
73	73	(1) offer solid waste disposal service to persons in
74	74	its territory, including[, in the case of a county described by
75	75	Section 364.011(a-2)(2),] an area of the county located within the
76	76	extraterritorial jurisdiction of a municipality if the
77	77	municipality does not provide solid waste disposal services in that
78	78	area;
79	79	(2) require the use of the service by those persons,
80	80	except as provided by Subsection (a-1);
81	81	(3) charge fees for the service; and
82	82	(4) establish the service as a utility separate from
83	83	other utilities in its territory.
84	84	SECTION 5. Section 364.0345, Health and Safety Code, is
85	85	amended to read as follows:
86	86	Sec. 364.0345. PENALTIES FOR FAILURE TO USE REQUIRED
87	87	SERVICE IN CERTAIN AREAS. The commissioners court of a county
88	88	described by Section 364.011(a-2) [364.011(a-2)(2)] that requires
89	89	the use of a county solid waste disposal service under Section
90	90	364.034 in the extraterritorial jurisdiction of a municipality may
91	91	adopt orders to enforce the requirement, including an order
92	92	establishing a civil or administrative penalty in an amount
93	93	reasonable and necessary to ensure compliance with the requirement.
94	94	SECTION 6. The heading to Chapter 231, Local Government
95	95	Code, is amended to read as follows:
96	96	CHAPTER 231. COUNTY ZONING AUTHORITY AND BUFFER REGULATIONS
97	97	SECTION 7. Chapter 231, Local Government Code, is amended
98	98	by adding Subchapter N to read as follows:
99	99	SUBCHAPTER N. BUFFER REGULATIONS
100	100	Sec. 231.291. DEFINITION. In this subchapter,
101	101	"agricultural operation" has the meaning assigned by Section
102	102	251.002, Agriculture Code.
103	103	Sec. 231.292. BUFFER AREAS. (a) The commissioners court of
104	104	a county may regulate, by order, land development in the
105	105	unincorporated area of the county by requiring a buffer area
106	106	between the land used for a purpose specified by this subsection and
107	107	residential areas as follows:
108	108	(1) at least 1,000 feet for heavy industrial or quarry
109	109	use;
110	110	(2) at least 750 feet for light industrial use; and
111	111	(3) at least 500 feet for commercial or other business
112	112	use.
113	113	(b) This section does not authorize a county to adopt zoning
114	114	regulations.
115	115	(c) A buffer area established under this section does not
116	116	apply to land used for an activity described by Section 81.051,
117	117	Natural Resources Code, or to an interstate gas pipeline facility
118	118	as defined by 49 U.S.C. Section 60101.
119	119	(d) A county regulation under this section does not apply
120	120	to:
121	121	(1) a platted residential subdivision in existence on
122	122	the date the regulation takes effect;
123	123	(2) an agricultural operation; or
124	124	(3) an activity or a structure or appurtenance on a
125	125	tract of land devoted to an agricultural operation.
126	126	SECTION 8. Subchapter Z, Chapter 232, Local Government
127	127	Code, is amended by adding Section 232.902 to read as follows:
128	128	Sec. 232.902. MODEL RULES FOR WATER SUPPLY AND SEWER
129	129	SERVICES IN CERTAIN COUNTIES. (a) This section applies only to a
130	130	county that contains a groundwater conservation district governed
131	131	by Chapter 36, Water Code.
132	132	(b) The commissioners court of a county subject to this
133	133	section may adopt model rules for the subdivision of land in the
134	134	unincorporated area of the county.
135	135	(c) Model rules adopted under this section may only regulate
136	136	standards for the safe and sanitary supply of water and sewer
137	137	services.
138	138	(d) Model rules adopted under this section must be in
139	139	compliance with the model rules adopted under Section 16.343, Water
140	140	Code.
141	141	SECTION 9. Sections 352.082(a) and (c), Local Government
142	142	Code, are amended to read as follows:
143	143	(a) This section applies only to:
144	144	(1) the unincorporated area of a county:
145	145	(A) [(1)] that is adjacent to a county with a
146	146	population of 3.3 million or more; and
147	147	(B) [(2)] in which a planned community is located
148	148	that has 20,000 or more acres of land, that was originally
149	149	established under the Urban Growth and New Community Development
150	150	Act of 1970 (42 U.S.C. Section 4501 et seq.), and that is subject to
151	151	restrictive covenants containing ad valorem or annual variable
152	152	budget based assessments on real property; or
153	153	(2) the unincorporated area of a county that offers
154	154	solid waste disposal services to persons in its territory.
155	155	(c) A person commits an offense if the person intentionally
156	156	or knowingly burns household refuse outdoors on a lot that is
157	157	either:
158	158	(1) located in the unincorporated area of a county
159	159	described by Subsection (a)(1) and:
160	160	(A) located in a neighborhood; or
161	161	(B) [(2)] smaller than five acres; or
162	162	(2) located in the unincorporated area of a county
163	163	described by Subsection (a)(2), if the commissioners court of the
164	164	county has established a mandatory program under Section 364.034,
165	165	Health and Safety Code, that benefits the lot.
166	166	SECTION 10. The Local Government Code is amended by adding
167	167	Title 15 to read as follows:
168	168	TITLE 15. REQUIREMENTS FOR CREATION OF CERTAIN LOCAL GOVERNMENTAL
169	169	ENTITIES
170	170	SUBTITLE A. MUNICIPAL REQUIREMENTS
171	171	SUBTITLE B. COUNTY REQUIREMENTS
172	172	CHAPTER 661. SPECIAL DISTRICTS
173	173	Sec. 661.001. DEFINITION. In this chapter, "special
174	174	district" means a political subdivision with a limited geographic
175	175	area created by local law or under general law for a special
176	176	purpose.
177	177	Sec. 661.002. REQUIREMENTS FOR PROPOSED LOCAL LAW
178	178	DISTRICTS. (a) This section applies only to a special district
179	179	created by local law.
180	180	(b) Except as provided by Subsection (c), the commissioners
181	181	court of a county in which a special district is proposed to be
182	182	located may by order adopt requirements for the district to ensure
183	183	that all county territory included in the district will benefit
184	184	from the creation of the district.
185	185	(c) The commissioners court of a county may not adopt an
186	186	order described by Subsection (b) for a special district after the
187	187	effective date of the Act that creates the district.
188	188	(d) A special district shall comply with each order adopted
189	189	under Subsection (b) that applies to the district.
190	190	Sec. 661.003. APPROVAL BEFORE CREATION OF GENERAL LAW
191	191	DISTRICTS. (a) This section applies only to a special district
192	192	created under general law.
193	193	(b) A special district may not be created unless the
194	194	commissioners court of each county in which the district is
195	195	proposed to be located approves the creation of the district after
196	196	each court holds a hearing described by Subsection (c).
197	197	(c) On the request of a person proposing to create a special
198	198	district in a county, the commissioners court of the county shall
199	199	hold a hearing in which the court accepts evidence on the creation
200	200	of the district and whether:
201	201	(1) the creation of the district is feasible,
202	202	practicable, and necessary; and
203	203	(2) the district would wholly or partly benefit the
204	204	county.
205	205	Sec. 661.004. EXCEPTIONS. This chapter does not apply to a
206	206	special district if:
207	207	(1) the creation of the district is initiated by the
208	208	commissioners court of a county; or
209	209	(2) other law requires the approval of the
210	210	commissioners court of a county before the district may be created.
211	211	SECTION 11. Section 7.107, Water Code, is amended to read as
212	212	follows:
213	213	Sec. 7.107. DIVISION OF CIVIL PENALTY; DISPOSITION OF
214	214	STATE'S PORTION OF CIVIL PENALTY. (a) Except in a suit brought for
215	215	a violation of Chapter 28 of this code or of Chapter 401, Health and
216	216	Safety Code, a civil penalty recovered in a suit brought under this
217	217	subchapter by a local government shall be divided as follows:
218	218	(1) the first $4.3 million of the amount recovered
219	219	shall be divided equally between:
220	220	(A) the state; and
221	221	(B) the local government that brought the suit;
222	222	and
223	223	(2) any amount recovered in excess of $4.3 million
224	224	shall be awarded to the state.
225	225	(b) One-half of the state's portion of a civil penalty under
226	226	Subsection (a) shall be deposited to the credit of the special
227	227	environmental remediation fund created under Section 7.1075.
228	228	SECTION 12. Subchapter D, Chapter 7, Water Code, is amended
229	229	by adding Section 7.1075 to read as follows:
230	230	Sec. 7.1075. SPECIAL ENVIRONMENTAL REMEDIATION FUND; GRANT
231	231	PROGRAM. (a) The environmental remediation fund is created as a
232	232	special fund in the state treasury outside the general revenue
233	233	fund. The fund consists of money deposited to the credit of the
234	234	fund under Section 7.107. Money in the fund may be appropriated
235	235	only to the commission for purposes of the grant program
236	236	established under Subsection (b).
237	237	(b) From money appropriated from the special environmental
238	238	remediation fund for that purpose, the commission shall establish
239	239	and administer a grant program to provide financial assistance to
240	240	counties and municipalities for environmental remediation
241	241	projects.
242	242	(c) The commission shall adopt rules to implement the
243	243	program established under Subsection (b), including rules
244	244	establishing:
245	245	(1) eligibility criteria for grant applicants and
246	246	environmental remediation projects;
247	247	(2) grant application procedures;
248	248	(3) criteria for evaluating grant applications and
249	249	awarding grants;
250	250	(4) guidelines related to grant amounts; and
251	251	(5) procedures for monitoring the use of a grant
252	252	awarded under Subsection (b) and ensuring compliance with any
253	253	conditions of the grant.
254	254	SECTION 13. Section 791.037(b), Government Code, is
255	255	repealed.
256	256	SECTION 14. Section 352.082, Local Government Code, as
257	257	amended by this Act, applies only to an offense committed on or
258	258	after the effective date of this Act. An offense committed before
259	259	the effective date of this Act is governed by the law in effect when
260	260	the offense was committed, and the former law is continued in effect
261	261	for that purpose. For purposes of this section, an offense was
262	262	committed before the effective date of this Act if any element of
263	263	the offense occurred before that date.
264	264	SECTION 15. Section 661.003, Local Government Code, as
265	265	added by this Act, applies only to a special district, as defined by
266	266	Section 661.001, Local Government Code, as added by this Act,
267	267	created on or after the effective date of this Act.
268	268	SECTION 16. Section 7.107, Water Code, as amended by this
269	269	Act, applies only to a violation that occurs on or after the
270	270	effective date of this Act. A violation that occurs before the
271	271	effective date of this Act is governed by the law in effect on the
272	272	date the violation occurred, and the former law is continued in
273	273	effect for that purpose.
274	274	SECTION 17. This Act takes effect on the 91st day after the
275	275	last day of the legislative session.