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SB2078

Regular Session

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

Moderate
Medium Cost
Effective:2025-09-01
Enforcing Agencies

Texas Attorney General

SB2078
Moderate
Relating to the regulation of composting in certain counties; authorizing a civil penalty.
Moderate Compliance Urgency
Requires near-term attention
Cost Impact
Medium
Effective
2025-09-01
Enforcing Agencies
Texas Attorney General
Primary Author: Sen. Lois Kolkhorst
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: Immediate upon Effective Date. However, the qualification window for the "Grandfather Exemption" closed on January 1, 2025. Facilities cannot retroactively cure this status.
  • Agency Rulemaking: The statute does not explicitly mandate rulemaking, creating a "regulatory gray zone" regarding enforcement metrics until the Attorney General issues guidance or the first enforcement actions occur.

Immediate Action Plan

  • 1. Audit Facility Status: Confirm immediately if your destination facility has records proving waste acceptance prior to January 1, 2025. If not, the facility is currently prohibited from accepting this waste come September.
  • 2. Petition Commissioners Court: If not grandfathered, the facility operator must immediately formally request a resolution from the County Commissioners Court to authorize the waste.
  • 3. Update Manifests: Haulers must revise documentation to track the municipal origin of waste streams immediately.
  • 4. Review Insurance: Consult brokers regarding coverage gaps for "regulatory non-compliance" penalties.

Operational Changes Required

Contracts

  • Waste Hauling Agreements: Generators must amend contracts to require haulers to warrant that disposal sites are legally authorized to accept "ordinance-subject" waste.
  • Disposal Facility Agreements: Haulers must demand facilities provide a warranty of status (Grandfathered vs. County Authorized).
  • Indemnification: Add specific clauses indemnifying the generator against civil penalties ($1,000/violation) resulting from the hauler’s selection of a prohibited facility.

Hiring/Training

  • Gatehouse Staff: Weigh station personnel at non-ordinance county facilities must be trained to audit manifests for *jurisdictional origin* and reject non-compliant loads.
  • Logistics Managers: Must audit all current routes. Any route originating in a "mandate city" and terminating in a "non-mandate county" must be rerouted or terminated unless the facility provides proof of exemption.

Reporting & Record-Keeping

  • Grandfather Evidence Packet: Facilities claiming exemption under Sec. 364.020(e)(3) must immediately archive 2024 weigh tickets and TCEQ notifications to prove they accepted subject waste before Jan 1, 2025.
  • Manifest Updates: Haulers must update waste manifests to include a specific field for "Jurisdictional Origin" (City/County) rather than just "Customer Address" to survive AG audits.

Fees & Costs

  • Civil Penalties: $1,000 per violation.
  • Legal/Lobbying Costs: Facilities missing the grandfather deadline must budget for legal counsel to petition the County Commissioners Court for a resolution authorizing waste acceptance.

Strategic Ambiguities & Considerations

  • Definition of "Violation": The statute does not define if a violation is calculated "per truckload," "per customer within a load," or "per day." Businesses must assume the most aggressive interpretation (per truckload or per customer) for risk modeling.
  • Commingled Loads: The law is silent on "mixed loads" (e.g., 10% subject waste, 90% exempt waste). Until clarified, treat *any* presence of subject waste as contaminating the entire load.
  • "Business Holding a Food Permit": This definition is broad and likely captures convenience stores and small markets, not just restaurants. Do not assume small generators are exempt.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Mar 7, 2025
Passed Senate
Apr 15, 2025
Passed House
May 23, 2025
Signed
Jun 22, 2025
TopicsCounty GovernmentCounty Government--generalEnvironmentEnvironment--solid WasteFoodCivil Remedies & Liabilities
03

Senate Authors

Sen. Lois KolkhorstRepublican · Primary Author

House Sponsors

Rep. Stan GerdesRepublican · Primary Sponsor
Joint Sponsors

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Sen. Lois Kolkhorst

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Quick Reference

Frequently Asked Questions

Common questions about SB2078

Q

What does Texas SB2078 do?

SB2078 establishes a strict liability "anti-export" ban prohibiting the transport of food waste from municipalities with mandatory composting ordinances to facilities in counties lacking such ordinances. Effective September 1, 2025, waste haulers and composting facilities operating near major metros (e. g.

Q

Who authored SB2078?

SB2078 was authored by Texas Senator Lois Kolkhorst during the Regular Session.

Q

When was SB2078 signed into law?

SB2078 was signed into law by Governor Greg Abbott on June 22, 2025.

Q

Which agencies enforce SB2078?

SB2078 is enforced by Texas Attorney General.

Q

How urgent is compliance with SB2078?

The compliance urgency for SB2078 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q

What is the cost impact of SB2078?

The cost impact of SB2078 is estimated as "medium". This may vary based on industry and implementation requirements.

Q

What topics does SB2078 address?

SB2078 addresses topics including county government, county government--general, environment, environment--solid waste and food.

Legislative data provided by LegiScanLast updated: November 25, 2025

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