reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 361.345 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter L. Cost Recovery|Section 361.345. Creation of Rights

Sec. 361.345.  CREATION OF RIGHTS.  Subchapter I  and Section 361.344 and the enforcement by the commission of that subchapter and section do not:(1)  create rights or causes of action on behalf of a person other than those expressly stated by this chapter;  or(2)  change common law or a rule of decision except as limited by this chapter to actions by the commission to eliminate an actual release or threatened release of solid waste that is an imminent and substantial endangerment to the public health and safety or the environment.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.73, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.402 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter M. Removal and Remedial Action Agreements|Section 361.402. Commission Duties and Powers

Sec. 361.402.  COMMISSION DUTIES AND POWERS.  (a)  The commission shall:(1)  administer this subchapter;  and(2)  cooperate with municipalities and with agencies, departments, and political subdivisions of this state and the United States and its agencies in implementing this section and the environmental response law.(b)  The commission may:(1)  enter into contracts and cooperative agreements with the federal government to carry out removal and remedial action for a specific disposal facility as authorized by Section 104(c)(3) of the environmental response law or to carry out removal and remedial action with regard to a disposal facility under Section 104(d)(1) of the environmental response law;(2)  after notice and hearing, authorize the executive director to enter into contracts and cooperative agreements on behalf of the commission under Subdivision (1) under terms and conditions stated in the commission's order;  and(3)  when acting under a cooperative agreement with the federal government under Subdivision (1), undertake the enforcement and remedial actions authorized under the environmental response law as may be reasonably necessary, in lieu of or in conjunction with actions by the federal government.|Added by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 30, eff. Sept. 6, 1990.|
TX Health & Safety Code § 361.403 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter M. Removal and Remedial Action Agreements|Section 361.403. Terms and Conditions of Agreements; Costs

Sec. 361.403.  TERMS AND CONDITIONS OF AGREEMENTS;  COSTS.  (a)  If the commission enters into a contract or cooperative agreement under Section 104(c)(3) of the environmental response law, the commission shall include in the contract or agreement terms and conditions to:(1)  assure future maintenance of the removal and remedial actions provided for the expected life of those actions as determined by the federal government;(2)  assure the availability of a hazardous waste disposal facility acceptable to the federal government that complies with Subchapter III of the federal Solid Waste Disposal Act (42 U.S.C. Section 6921 et seq.) for any necessary off-site storage, destruction, treatment, or secure disposition of the hazardous substances, pollutants, or contaminants;  and(3)  assure payment by the state of:(A)  10 percent of the costs of the remedial actions, including future maintenance;  or(B)  at least 50 percent or more of the costs as determined appropriate by the federal government, taking into account the degree of responsibility of the state for any amount spent in response to a release at a disposal facility that was owned by the state at the time of disposal of hazardous substances at the disposal facility.(b)  A contract entered into with the federal government under Section 104(d)(1) of the environmental response law is subject to the same cost-sharing requirements provided for contracts in Subsection (a)(3).(c)  The state's share of reasonable response costs shall be paid from the fund.|Added by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 30, eff. Sept. 6, 1990.|
TX Health & Safety Code § 361.404 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter M. Removal and Remedial Action Agreements|Section 361.404. Cooperation With Federal Government

Sec. 361.404.  COOPERATION WITH FEDERAL GOVERNMENT.  (a)  Before entering into a contract or cooperative agreement under Section 361.402, the commission shall consult and work with the federal government in determining the response that will be necessary under the contract or cooperative agreement with regard to the particular disposal facility.(b)  The commission shall collect and shall file with the federal government any information required by the environmental response law  and rules adopted under that law.|Added by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 30, eff. Sept. 6, 1990.|
TX Health & Safety Code § 361.422 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter N. Waste Reduction Programs; Disposal Fees|Section 361.422. State Source Reduction and Recycling Goal

Sec. 361.422.  STATE SOURCE REDUCTION AND RECYCLING GOAL.  (a)  It is the state's goal to reduce by January 1, 1994, the amount of municipal solid waste disposed of in this state by at least 40 percent through source reduction and recycling.(b)  In this section, "total municipal solid waste stream" means the sum of the state's total municipal solid waste that is disposed of as solid waste, measured in tons, and the total number of tons of recyclable material that has been diverted or recovered from the total municipal solid waste and recycled.(c)  The commission shall establish rules and reporting requirements through which progress toward achieving the established source reduction and recycling goals can be measured.  The rules may take into consideration those ongoing community source reduction and recycling programs where substantial progress has already been achieved.  The commission may also establish a limit on the amount of credit that may be given to certain high-volume materials in measuring recycling progress.(d)  For the purpose of measuring progress toward the municipal solid waste reduction goal, the commission shall use the weight of the total municipal solid waste stream in 1991 as a baseline for comparison.  To compute progress toward the municipal solid waste reduction goal for a year, the commission shall compare the total number of tons disposed in the year under comparison, either by landfilling or by other disposal methods, to the total number of tons disposed in the base year, adjusting for changes in population, tons of solid waste imported and exported, and other relevant changes between the baseline year and the comparison year.(e)  Before January 1, 1994, the commission shall determine whether the goal established in Subsection (a) is being achieved.  If the commission finds that the goal is not being achieved, it shall convene an advisory task force consisting of representatives of the commission, local governments, the Municipal Solid Waste Management and Resource Recovery Advisory Council, and the commercial solid waste disposal industry and may recommend to the legislature a phased-in ban on the disposal of yard waste in a landfill.  The task force may recommend a plan to the legislature for implementing the ban after considering how the ban will:(1)  affect the state's disposal capacity;(2)  affect the economy of the state;(3)  affect local governments;  and(4)  be accepted and adhered to by the citizens of the state.|Added by Acts 1991, 72nd Leg., ch. 303, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 899, Sec. 4.02, eff. Oct. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.75, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 80, Sec. 1, eff. Sept. 1, 2003.|
TX Health & Safety Code § 361.425 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter N. Waste Reduction Programs; Disposal Fees|Section 361.425. Governmental Entity Recycling

Sec. 361.425.  GOVERNMENTAL ENTITY RECYCLING.  (a)  A state agency, state court or judicial agency, a university system or institution of higher education, a county, municipality, school district, or special district shall:(1)  in cooperation with the comptroller or the commission establish a program for the separation and collection of all recyclable materials generated by the entity's operations, including, at a minimum, aluminum, steel containers, aseptic packaging and polycoated paperboard cartons, high-grade office paper, and corrugated cardboard;(2)  provide procedures for collecting and storing recyclable materials, containers for recyclable materials, and procedures for making contractual or other arrangements with buyers of recyclable materials;(3)  evaluate the amount of recyclable material recycled and modify the recycling program as necessary to ensure that all recyclable materials are effectively and practicably recycled; and(4)  establish educational and incentive programs to encourage maximum employee participation.(b)  The commission:(1)  by order shall exempt from compliance with this section:(A)  a municipality with a population of less than 5,000 if the commission finds that compliance would work a hardship on the municipality;(B)  a school district with a student enrollment of fewer than 10,000 students; and(C)  an entity described by Subsection (a) if:(i)  the entity petitions the commission for an exemption; and(ii)  the commission finds that compliance would work a hardship on the entity; and(2) shall adopt rules for administering this subsection.(c)  Expired.(d)  In this section, "recyclable materials" includes materials in the entity's possession that have been abandoned or disposed of by the entity's officers or employees or by any other person.|Added by Acts 1991, 72nd Leg., ch. 303, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 899, Sec. 4.03, eff. Oct. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.77, eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.92, eff. September 1, 2007.Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 2.02, eff. June 4, 2019.|
TX Health & Safety Code § 361.426 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter N. Waste Reduction Programs; Disposal Fees|Section 361.426. Governmental Entity Preference for Recycled Products

Sec. 361.426.  GOVERNMENTAL ENTITY PREFERENCE FOR RECYCLED PRODUCTS.  (a)  A state agency, state court, or judicial agency not subject to Subtitle D, Title 10, Government Code, a county, municipality, school district, junior or community college district, or special district shall give preference in purchasing to products made of recycled materials if the products meet applicable specifications as to quantity and quality.(b)  An entity subject to this section regularly shall review and revise its procurement procedures and specifications for the purchase of goods, supplies, equipment, and materials in order to:(1)  eliminate procedures and specifications that explicitly discriminate against products made of recycled materials;(2)  encourage the use of products made of recycled materials;  and(3)  ensure to the maximum extent economically feasible that the entity purchases products that may be recycled when they have served their intended use.(c)  In developing new procedures and specifications, the entity shall encourage the use of recycled products and products that may be recycled or reused.(d)  The commission:(1)  by order shall exempt from compliance with this section:(A)  a municipality with a population of less than 5,000 if the commission finds that compliance would work a hardship on the municipality;(B)  a school district with a student enrollment of fewer than 10,000 students; and(C)  an entity described by Subsection (a) if:(i)  the entity petitions the commission for an exemption; and(ii)  the commission finds that compliance would work a hardship on the entity; and(2) shall adopt rules for administering this subsection.(e)  Expired.|Added by Acts 1991, 72nd Leg., ch. 303, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.78, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 17.19, eff. Sept. 1, 1997.Amended by: Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 2.03, eff. June 4, 2019.|
TX Health & Safety Code § 361.427 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter N. Waste Reduction Programs; Disposal Fees|Section 361.427. Specifications for Recycled Products

Sec. 361.427.  SPECIFICATIONS FOR RECYCLED PRODUCTS.  (a)  The commission, in consultation with the comptroller, shall promulgate rules to establish guidelines which specify the percent of the total content of a product which must consist of recycled material for the product to be a "recycled product."(b)  The guidelines established under this section shall specify a minimum percent of the recycled material in a product which must be postconsumer waste.(c)  The guidelines established under this section shall be classified by types of products.(d)  The commission's guidelines shall be established taking into consideration the guidelines promulgated by the Environmental Protection Agency for federal procurement of recycled products as authorized by the Solid Waste Disposal Act (42 U.S.C. Sec. 3259 et seq.).|Added by Acts 1991, 72nd Leg., ch. 303, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.79, eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.93, eff. September 1, 2007.|
TX Health & Safety Code § 361.428 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter N. Waste Reduction Programs; Disposal Fees|Section 361.428. Composting Program

Sec. 361.428.  COMPOSTING PROGRAM.  (a)  The commission shall put in place incentives for a composting program that is capable of achieving at least a 15 percent reduction in the amount of the municipal solid waste stream that is disposed of in landfills by January 1, 1994.(b)  The commission shall adopt rules establishing minimum standards and guidelines for the issuance of permits for processes or facilities that produce compost that is the product of material from the typical mixed solid waste stream generated by residential, institutional, commercial, or industrial sources.  A reduction in the mixed solid waste stream that occurs as a result of the beneficial reuse of compost produced by a facility permitted under this subsection shall be used in achieving the goal established under Section 361.422.  The minimum standards must include end-product standards and a definition of beneficial reuse.  The commission shall consider regulations issued by the United States Environmental Protection Agency in developing minimum standards.  Beneficial reuse does not include landfilling or the use of compost as daily landfill cover.(c)  A composting facility may not accept mixed municipal solid waste from a governmental unit for composting purposes at that facility unless residents have reasonable access to household hazardous waste collection and source-separated recycling programs in the area.  The commission shall establish standards for household hazardous waste collection programs and source-separated recycling programs that qualify under this section.(d)  A person may not commercially compost grease trap waste, as defined by the commission, unless the person has first obtained a permit for composting grease trap waste issued by the commission under this section on or after September 1, 2003.(e)  The permit to compost grease trap waste must meet the minimum standards of a permit issued under rules adopted under Subsection (b).|Added by Acts 1991, 72nd Leg., ch. 303, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 899, Sec. 1.13, eff. Aug. 30, 1993;  Acts 2003, 78th Leg., ch. 596, Sec. 1, eff. June 20, 2003.|
TX Health & Safety Code § 361.429 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter N. Waste Reduction Programs; Disposal Fees|Section 361.429. Household Hazardous Waste

Sec. 361.429.  HOUSEHOLD HAZARDOUS WASTE.  The commission shall develop standards for household hazardous waste diversion programs such as collection facilities or waste collection days for municipalities, counties, or regions.  The commission's waste management financial assistance program described in Section 363.092 shall be expanded to include matching grants for costs of planning and implementing approved household hazardous waste diversion programs, excluding costs of disposal.|Added by Acts 1991, 72nd Leg., ch. 303, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.80, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.431 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter N. Waste Reduction Programs; Disposal Fees|Section 361.431. Prioritization of New Technology

Sec. 361.431.  PRIORITIZATION OF NEW TECHNOLOGY.  (a)  A political subdivision or solid waste producer shall give preference in contracting for the disposal of solid waste to license or permit holders who use processes and technologies that reduce the volume of sludge and hazardous waste that is being disposed of through beneficial use land application, landfill disposal, and other methods.(b)  Technology that reduces the volume of solid waste, destroys the solid waste, or renders the solid waste inert is preferred to methods referred to under Subsection (a), to minimize the possibility of hazardous materials entering the state's air, waterways, and water sources.|Added by Acts 2001, 77th Leg., ch. 965, Sec. 9.06, eff. Sept. 1, 2001.|
TX Health & Safety Code § 361.451 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter O. Lead-Acid Batteries|Section 361.451. Land Disposal Prohibited

Sec. 361.451.  LAND DISPOSAL PROHIBITED.  (a)  No person may place a used lead-acid battery in mixed municipal solid waste nor discard or otherwise dispose of a lead-acid battery except by delivery to:(1)  a battery retailer or wholesaler;(2)  a secondary lead smelter;  or(3)  a collection or recycling facility authorized under the laws of this state or by the United States Environmental Protection Agency.(b)  No battery retailer shall dispose of a used lead-acid battery except by delivery to:(1)  a battery wholesaler or a secondary lead smelter, or an agent thereof;(2)  a battery manufacturer for delivery to a secondary lead smelter;  or(3)  a collection or recycling facility authorized under the laws of this state or by the United States Environmental Protection Agency.(c)  Repealed by Acts 1997, 75th Leg., ch. 1072, Sec. 60(b)(3), eff. Sept. 1, 1997.|Added by Acts 1991, 72nd Leg., ch. 303, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 1072, Sec. 60(b)(3), eff. Sept. 1, 1997.|
TX Health & Safety Code § 361.452 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter O. Lead-Acid Batteries|Section 361.452. Collection for Recycling

Sec. 361.452.  COLLECTION FOR RECYCLING.  A person selling lead-acid batteries at retail or offering lead-acid batteries for retail sale in this state shall:(1)  accept from each customer, if offered, at least one but not more than three lead-acid batteries for recycling;  and(2)  post written notice, which must be at least 8-1/2 inches by 11 inches in size, containing the universal recycling symbol and the following language:(A)  "It is illegal to discard or improperly dispose of a motor-vehicle battery or other lead-acid battery.";(B)  "Recycle your used batteries.";  and(C)  "State law requires us to accept used motor-vehicle batteries or other lead-acid batteries for recycling."|Added by Acts 1991, 72nd Leg., ch. 303, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 899, Sec. 1.14, eff. Aug. 30, 1993.|
TX Health & Safety Code § 361.453 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter O. Lead-Acid Batteries|Section 361.453. Inspection of Battery Retailers

Sec. 361.453.  INSPECTION OF BATTERY RETAILERS.  The commission shall produce, print, and distribute the notices required by Section 361.452 to all places where lead-acid batteries are offered for sale at retail.  In performing its duties under this section the commission may inspect any place, building, or premises governed by Section 361.452. Failure to post the required notice within three days following warning shall subject the establishment to an administrative or a civil penalty under Chapter 7, Water Code.|Added by Acts 1991, 72nd Leg., ch. 303, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.82, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 37, eff. Sept. 1, 1997.|
TX Health & Safety Code § 361.454 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter O. Lead-Acid Batteries|Section 361.454. Lead-Acid Battery Wholesalers

Sec. 361.454.  LEAD-ACID BATTERY WHOLESALERS.  Any person selling new lead-acid batteries at wholesale shall accept from customers, at the point of transfer, used lead-acid batteries for recycling, if offered by customers.  A person accepting batteries in transfer from a battery retailer shall remove batteries from the retail point of collection within 90 days after acceptance.|Added by Acts 1991, 72nd Leg., ch. 303, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 899, Sec. 1.15, eff. Aug. 30, 1993.|