Relating to the regulation of composting in certain counties; authorizing a civil penalty, the official 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