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2025 · Regular session · House bill
HB3866
HB3866 bars installing or operating a covered intermediate bulk container recycling facility within 2,000 feet of a private residence.
Official caption: Relating to the installation and operation of intermediate bulk container recycling facilities; authorizing a fee.
Official report lists House author(s): Landgraf. This does not identify sponsors or amendment drafters.
Bill explanation published · Version and amendment review scope is stated below · Individual amendment records may not be separately annotated.
Bill highlights
Selected points from the published explanation. Follow each point to its source-linked context; conditions and limits may matter.
- HB3866 bars installing or operating a covered intermediate bulk container recycling facility within 2,000 feet of a private residence.
- Covered owners must register with the Texas Commission on Environmental Quality normally at least 30 days before receiving containers.
- The law took effect September 1, 2025, after being filed without the governor's signature.
What does it do?
HB3866 bars installing or operating a covered intermediate bulk container recycling facility within 2,000 feet of a private residence. These are sites accepting large portable containers for reconditioning for reuse or disposal—not every recycling business or outdoor storage tank. A qualifying container must hold at least 275 gallons, be designed for mechanical handling, not be a cylinder or portable tank, and be regulated by the federal Pipeline and Hazardous Materials Safety Administration. A facility that never stages, stores or processes more than 50 of these containers at a time is exempt from the entire new section. Enacted text, sections 1–3
Covered owners must register with the Texas Commission on Environmental Quality normally at least 30 days before receiving containers. TCEQ must inspect registered sites at least once every three years and set an annual registration fee sufficient to cover reasonable program and inspection costs. Fees go into the water resource management account and may be appropriated only for this program. The law preserves municipal authority to prohibit such facilities within 2,000 feet of a residence. New Water Code section 26.3445
The law took effect September 1, 2025, after being filed without the governor’s signature. It applies only to facilities that begin receiving containers on or after that date. A covered facility beginning before March 1, 2027, need not register before March 31, 2027; that registration grace period does not itself postpone the location restriction. TCEQ is required to implement the act only if specifically funded by the Legislature; otherwise it may use other available appropriations but is not required to do so. Transition and funding provisions, sections 4–6 · Official history
What changed along the way?
The introduced bill broadly regulated certain outdoor containers holding regulated substances, with annual inspections and registration after installation or ownership changes. The House substitute replaced that approach with the narrower bulk-container recycling program, the 50-container exemption, three-year inspections and a later registration transition. The House-passed version matched that substitute. The abandoned broad outdoor-container restrictions are not the enacted law. Introduced · House substitute · House-passed
The Senate substitute added the protection for facilities already receiving containers before September 1, 2025, and the conditional-funding provision. Those changes survived into the enrolled law. The floor-amendment index lists no amendments, but the separate Senate packet contains the adopted substitute; the Senate journal records passage of that substitute, not additional floor changes. The House concurred May 29. Senate substitute · Amendment index · Full Senate packet · Senate journal, page 2794
For the full amendment record, open the official amendment index.
Official bill versions
Compare the published text versions in the official text index. A change is not attributed to a specific amendment here without a verified record.
Who could benefit—and who could bear the costs?
Residents near proposed covered sites could benefit from greater separation and inspections. New covered operators face site-selection limits, registration fees and compliance costs; existing sites and small facilities receive the stated exclusions. These are likely effects of the statute, not measured health improvements or business costs.
The final fiscal note estimated $859,279 in general-revenue costs for fiscal 2026, two state positions, and $167,279 a year in fee revenue and matching program costs beginning in fiscal 2027. It anticipated no significant local-government fiscal impact. These are estimates, not an appropriation or the fee charged to each operator. The earlier House estimate of $1,698,906 and the introduced bill’s much larger program are not the final estimate. The note describes municipal restrictions as extending “more than” 2,000 feet; the actual enacted savings clause says “within” 2,000 feet and controls this explanation. Final fiscal note · House fiscal note
Review boundary: This explains the enacted act, not whether a particular site meets federal container classifications, whether implementation money was ultimately appropriated, or the current TCEQ fee/rule status. It does not erase other environmental requirements. The existing storage-vessel program is separate. Water Code chapter 26
Official sources
- Bill history and latest recorded action
- Bill versions, analyses and fiscal notes
- Action history and votes
- Amendment index
Catalog report retrieved 2026-10-25. Check the official record for corrections or later changes.