HBA-EDN H.B. 2271 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2271 By: Howard Environmental Regulation 3/19/2001 Introduced BACKGROUND AND PURPOSE Although Texas has strict laws regarding landfills and illegal trash dumping, a loophole exists where illegal trash dumps can circumvent legal requirements by calling themselves recycling centers, despite the fact that little or no recycling may be done. Under current law, there are no standards governing recycling centers, and it is difficult for authorities to take appropriate action against entities who are simply calling themselves recycling centers to avoid having to comply with waste management laws. House Bill 2271 requires the Texas Natural Resource Conservation Commission to adopt rules for governing recycling centers. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Natural Resource Conservation Commission in SECTION 1 (Section 361.0151, Health and Safety Code) of this bill. ANALYSIS House Bill 2271 amends the Health and Safety Code to require the Texas Natural Resource Conservation Commission (TNRCC) to adopt rules, including record keeping and reporting requirements, to ensure that recyclable material: _is reused and not abandoned, improperly stored, or disposed of; and _does not create a nuisance or threaten or impair the environment or public health and safety. The bill requires TNRCC to adopt rules as necessary to implement the changes in law made by these provisions as soon after the effective date of this Act as is practicable. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.