SB2078 - Relating to the regulation of composting in certain counties; authorizing a civil penalty.

      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