TITLE: Relating to the regulation of composting in certain counties; authorizing a civil penalty.

SUMMARY: Relating to the regulation of composting in certain counties; authorizing a civil penalty.

FULL TEXT:
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.