HBA-KMH H.B. 3144 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3144
By: Kuempel
Environmental Regulation
4/5/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Texas Natural Resource Conservation Commission (TNRCC) lacks
legislative authority to investigate land disposal of sewage sludge to
determine if the sludge is for beneficial use.  Beneficial use is the
process of cleaning sludge and reapplying it to the ground.  Due to the
lack of enforcement, interested parties are reluctant to graze animals or
make use of the land because they are unaware if the sludge is complying
with TNRCC standards. 

H.B. 3144 requires TNRCC to investigate all complaints regarding the
beneficial use of sewage sludge and authorizes TNRCC to enter property and
inspect records for this purpose.  This bill also provides that a person
who has a lease interest in real property, including a lease of hunting or
grazing rights, is an interested party for purporses of a complaint and has
a cause of action against the owner of the property for damages to the
value of the lease or other injury caused by the land application of sewage
sludge. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 361, Health and Safety Code, by
adding Section 361.0404, as follows: 

Sec.  361.040.  INVESTIGATION OF LAND DISPOSAL ACTIVITIES.  (a) Authorizes
the Texas Natural Resource Conservation Commission (TNRCC) to enter
property to investigate activities related to the land application of
sewage sludge or to inspect records related to the activities. 

(b) Requires TNRCC, on receipt of a credible complaint of an interested
person, to investigate whether sludge that is being applied to land for a
beneficial use meets the standards provided by TNRCC rules for land
application.  Requires TNRCC also to investigate whether the land
application is being conducted in accordance with the requirements of this
chapter and rules adopted and orders issued under this chapter. 

(c) Provides that for purposes of Subsection (b) a person who has leased
hunting or grazing rights on land affected by the land application of
sewage sludge is an interested person. 

SECTION 2.  Amends Chapter 361, Health and Safety Code, by adding
Subchapter W, as follows: 

SUBCHAPTER W.  PERSONS INJURED
BY SOLID WASTE DISPOSAL OR TREATMENT ACTIVITY

Sec.  361.801.  DAMAGES TO LEASE INTEREST BY LAND APPLICATION OF SEWAGE
SLUDGE.  Provides that a person who has a lease interest in real property,
including a lease of hunting or grazing rights, has a cause of action
against the owner of the  property for damages to the value of the lease or
other injury caused by the land application of sewage sludge. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.