HB 464

Overall Vote Recommendation
No
Principle Criteria
neutral
Free Enterprise
positive
Property Rights
negative
Personal Responsibility
negative
Limited Government
neutral
Individual Liberty
Digest
HB 464 establishes the Scrap Tire Remediation Grant Program under the Texas Commission on Environmental Quality (TCEQ) to address the illegal disposal of scrap tires in Texas. The bill amends Subchapter B, Chapter 361 of the Health and Safety Code by adding a new Section 361.0315, which authorizes TCEQ to administer a grant program for counties. These grants are intended to support efforts to reduce the number of scrap tires discarded in coastal and inland waters, along public rights-of-way, and across other lands.

Under the new program, counties may apply for grants to support three key activities: (1) identifying and prosecuting individuals or entities who violate Texas's litter laws with respect to scrap tire disposal (specifically under Section 365.012 of the Health and Safety Code), (2) educating the public to discourage illegal dumping, and (3) physically removing and properly disposing of dumped tires. The bill establishes a dedicated Scrap Tire Remediation Grant Account within the general revenue fund to finance these efforts. This account will be funded through legislative appropriations, donations, and interest earnings.

Additionally, the bill requires TCEQ to submit an annual report to the legislature, providing policy recommendations and assessments related to illegal scrap tire dumping. It also mandates that the program be established no later than January 1, 2027. By focusing on environmental cleanup and public health, the bill aims to support local governments without expanding regulatory burdens or creating new criminal offenses.

The Committee Substitute for HB 464 makes several important revisions to the originally filed version that significantly strengthen and clarify the bill’s intent and implementation timeline. Most notably, the substitute changes the grant program from optional to mandatory. In the originally filed bill, the Texas Commission on Environmental Quality (TCEQ) was merely authorized to develop the scrap tire remediation grant program, using discretionary language such as “may.” In contrast, the substitute uses “shall,” requiring TCEQ to establish the program and adopt rules to administer it. This change ensures the program will be implemented rather than left to agency discretion.

Another key revision in the substitute version is the addition of a firm deadline for implementation. While the original bill provided no timeline, the substitute requires TCEQ to establish the program no later than January 1, 2027. This addition creates a clear expectation for agency action and allows the legislature to track compliance with the law.

The scope of cleanup activities has also been slightly broadened in the substitute. The original bill limited grant eligibility to the cleanup of scrap tires on “public rights-of-way and other public land.” The substitute removes the “public” qualifier, allowing for potential remediation efforts on other types of land, including private properties affected by illegal dumping, thereby giving counties more flexibility in addressing localized environmental hazards.

Lastly, the substitute adds a new reporting requirement. It directs TCEQ to submit an annual written report to the legislature detailing its recommendations for addressing the illegal disposal of scrap tires. This accountability mechanism was absent from the original version and reflects a stronger emphasis on legislative oversight and continuous improvement of the program’s effectiveness.

Overall, the substitute enhances the original bill by mandating action, expanding eligibility, adding a compliance timeline, and incorporating transparency through reporting. These changes align the legislation more closely with best practices in environmental program governance.
Author (2)
Mary Gonzalez
Cassandra Garcia Hernandez
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of HB 464 remain indeterminate due to the bill's reliance on future appropriations and unpredictable funding sources. While the bill does not itself appropriate funds, it establishes the legal framework for the creation of the Scrap Tire Remediation Grant Account within the General Revenue Fund. This dedicated account may receive money through legislative appropriations, federal or private grants, donations, and interest earnings. However, without concrete information on the volume or timing of such revenues, the Legislative Budget Board (LBB) concluded that it could not accurately project the fiscal impact.

Implementation of the grant program by the Texas Commission on Environmental Quality (TCEQ) is expected to carry administrative costs, particularly in staffing. TCEQ estimates that it would require one grant specialist and two planners to develop rules in fiscal year 2026 and to implement and manage the program from 2027 through 2030. Personnel and related operating expenses are projected at approximately $369,735 in FY 2026, and $344,235 annually thereafter, assuming sufficient funds are made available through the new account.

Although the bill is expected to benefit local governments through grant opportunities for tire cleanup and enforcement activities, the fiscal impact on counties and other local entities is also undetermined. The uncertainty stems from not knowing how much funding would be distributed, when distributions might begin, or how many counties would apply and qualify for grants. As a result, while the bill sets the foundation for a potentially impactful environmental program, the financial effects at both the state and local levels will depend entirely on future legislative and funding decisions.

Vote Recommendation Notes

HB 464 proposes the establishment of a new state-administered scrap tire remediation grant program under the Texas Commission on Environmental Quality (TCEQ). While the bill targets a serious environmental concern—illegal tire dumping—it does so by creating a dedicated fund in the general revenue account and authorizing grants to counties for cleanup, public education, and enforcement. The goal is commendable, but the mechanism raises several key concerns.

First, the bill relies on a grant program as its primary solution, which fundamentally expands the scope of state government. Rather than encouraging local problem-solving or leveraging market-based solutions, it centralizes funding and authority in a new bureaucratic structure. TCEQ would be required to create and administer this program, hire new staff, and develop new rules. This approach shifts responsibility from local entities—which are already empowered to enforce illegal dumping laws under Section 365.012 of the Health and Safety Code—to the state, even though counties differ significantly in needs and priorities.

Second, the bill introduces an indeterminate fiscal impact. The LBB has explicitly stated that the cost of this bill is impossible to quantify due to unknowns about future appropriations, donations, and interest earnings in the newly created fund. While the bill does not appropriate money directly, it opens the door to significant future appropriations without placing any caps or requiring dedicated revenue streams. The TCEQ anticipates needing at least three new full-time employees, with personnel costs alone exceeding $344,000 annually once the program is operational. For fiscal conservatives and proponents of limited government, this represents a clear risk of expanding state spending commitments without adequate constraint or accountability.

Additionally, HB 464 represents a missed opportunity to implement more effective, self-sustaining alternatives. For instance, lawmakers could pursue enforcement enhancements, polluter-pays models, or private-sector cleanup partnerships. These would promote personal and local responsibility without growing a permanent state program. Moreover, the bill's design could unintentionally create perverse incentives by rewarding counties that have not enforced dumping laws, while offering no support for those that have already managed the issue locally.

Finally, the program sets a precedent for addressing local nuisances through state funding models. If illegal tire dumping justifies a state-level grant program, future sessions may see similar requests for state subsidies for illegal vehicle dumping, construction waste, or graffiti abatement—each one adding administrative complexity and fiscal exposure.

In summary, while the bill is rooted in legitimate environmental and public health concerns, its reliance on an open-ended grant program, state-managed administration, and undefined fiscal exposure makes it incompatible with principles of limited government, local accountability, and responsible budgeting. As such, Texas Policy Research recommends that lawmakers vote NO on HB 464, affirming the belief that long-term solutions to local environmental challenges are best handled through enforcement, innovation, and community-led initiatives—not expanding state bureaucracy. Texas Policy Research recommends that lawmakers vote NO on HB 464.

  • Individual Liberty: The bill’s intent is to reduce the harm caused by illegally dumped scrap tires, which can threaten public health and safety. From this standpoint, the program could indirectly support individual liberty by promoting cleaner and safer environments for Texans, especially in rural or flood-prone areas. However, the means by which this goal is achieved—a state-administered grant program—does not inherently advance personal autonomy. It does not create new restrictions on individual behavior, but nor does it empower individuals directly to solve the problem. The impact on this principle is therefore minimal and arguably incidental.
  • Personal Responsibility: By creating a state grant program to remediate scrap tire dumping, the bill shifts the burden of cleanup and enforcement from individuals and local jurisdictions to the state. Rather than holding polluters directly accountable through fines or mandatory remediation, this bill may weaken personal responsibility by socializing the cost of cleanup across taxpayers. It may also reduce the incentive for local governments to develop their own enforcement mechanisms, knowing they can apply for outside funds. This undermines the core tenet of liberty that those responsible for harm should bear the cost of remediation.
  • Free Enterprise: The bill does not impose new regulations on tire businesses or recyclers, nor does it restrict commerce. In theory, if grant funding is used to contract private companies for tire removal or recycling, it could create business opportunities. However, there is also a risk that subsidized public cleanup efforts could displace or distort private-sector solutions. For example, businesses that charge for proper tire disposal may find themselves undercut by free, grant-funded alternatives. Without competitive safeguards, the bill could unintentionally interfere in market dynamics.
  • Private Property Rights: The program could support property owners by funding the removal of illegally dumped tires on or near their land. These tires can reduce property value, cause environmental degradation, and impede rightful use. If implemented fairly, the bill could enhance the ability of landowners to enjoy and protect their property. However, it’s worth noting that the bill does not guarantee assistance to private landowners directly; counties control grant use, and priority may be given to public lands or right-of-way areas.
  • Limited Government: This is where the bill most directly conflicts with liberty principles. HB 464 creates a new state program, new dedicated funding mechanisms, new administrative rules, and new TCEQ staff positions. It invites future appropriations with no cap and no specific funding source, and it institutes an annual reporting mandate. These are all hallmarks of government expansion. While the purpose may be narrowly tailored, the structure is a departure from minimal governance. The program centralizes a problem that could be addressed locally through civil enforcement, cost-recovery mechanisms, or private-sector innovation.
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