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89(R) SB 2078 - Enrolled version - Bill Text
S.B. No. 2078
AN ACT
relating to the regulation of composting in certain counties;
authorizing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 364, Health and Safety
Code, is amended by adding Section 364.020 to read as follows:
Sec.
364.020.
DEPOSIT OF CERTAIN FOOD WASTE FOR COMPOSTING
IN CERTAIN COUNTIES PROHIBITED. (a)
In this section:
(1)
"Commercial food waste composting ordinance"
means a municipal ordinance that requires a multifamily residential
property, a business holding a food permit, or another business
owner to divert food waste from disposal in a landfill.
(2)
"Composting facility" means a facility that
composts source-separated yard trimmings, clean wood material,
vegetative material, paper, manure, meat, fish, dead animal
carcasses, dairy materials, or meat and vegetable oils and greases
from a municipal, commercial, or institutional source.
(b)
Except as provided by Subsection (e), a person may not
deposit at a composting facility located in a county that does not
contain a municipality with a commercial food waste composting
ordinance food waste that is:
(1)
collected for composting in a municipality that
has a commercial food waste composting ordinance; and
(2) subject to such an ordinance.
(c)
A person is liable for a civil penalty of $1,000 for each
violation of Subsection (b).
(d)
The attorney general may bring an action in a court of
competent jurisdiction to recover the civil penalty imposed under
this section.
(e) This section does not apply to:
(1)
an agricultural operation as defined by Section
251.002, Agriculture Code;
(2)
a composting facility located in a county
described by Subsection (b) if the commissioners court of the
county by resolution or order authorizes the deposit of food waste
subject to a commercial food waste composting ordinance at the
facility; or
(3) a composting facility that:
(A)
is authorized to operate under a valid
notification issued by the commission on or before January 1, 2025;
and
(B)
accepted food waste described by Subsection
(b) before January 1, 2025.
SECTION 2. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I hereby certify that S.B. No. 2078 passed the Senate on
April 15, 2025, by the following vote: Yeas 27, Nays 4; and that
the Senate concurred in House amendment on May 26, 2025, by the
following vote: Yeas 27, Nays 4.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2078 passed the House, with
amendment, on May 23, 2025, by the following vote: Yeas 102,
Nays 32, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor