Bill Text: TX SB1596 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the establishment of the Texas Cleaner Landscapes for the Economy, Agriculture, and Nature (CLEAN) Advisory Council.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2023-04-25 - Co-author authorized [SB1596 Detail]
Download: Texas-2023-SB1596-Introduced.html
88R1903 JAM-D | ||
By: Zaffirini | S.B. No. 1596 |
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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. |