SB 1376 Resources

Governmental Entity Recycling and Purchasing of Recycled Materials

Title 30 Texas Administrative Code (TAC) Part 1 Chapter 328 Subchapter K, which is the state mandated Governmental Entity Recycling and Purchasing of Recycled Materials rule came into effect on July 2, 2020. These new regulations are the result of the passage of Senate Bill 1376 of the 86th Texas Legislature.

According to these new regulations, a government entity shall establish a recycling program for the separation and collection of recyclable materials, provide procedures for collecting and storing recyclable materials, evaluate and modify the program as necessary, and establish education and incentive programs to ensure participation.  Governmental entities are defined as state agency, state court or judicial agency, university system or institution of higher education, county, municipality, school district, or special district.

Additionally, a government entity shall implement a purchasing program which must give preference to products made with recycled materials, so long as the products meet applicable specifications. This program must comply with Section §328.204 of the rule. Preferences will be applied in accordance with state procurement statutes and rules.

Exemptions are included in the rule based on student population for independent school districts and municipal population for other government entities, along with details as to what constitutes a hardship. Please see Texas Administrative Code Title 30, Chapter 328, Subchapter K for definitions and exemptions.  The Texas Commission on Environmental Quality (TCEQ) has developed a website that provides additional information and links related to the Governmental Entity Recycling Program. This website can be found at: https://www.tceq.texas.gov/p2/recycle/governmental-entity-recycling-program.

NCTCOG has developed this toolkit to provide our member governments with resources that will help determine if compliance with this rule is required and that could also assist with developing a recycling program.  Please review the resources included below and contact Cassidy Campbell at ccampbell@nctcog.org if you have any questions.


In January 2021, the North Central Texas Council of Governments (NCTCOG) sent out this memo to entities in the North Central Texas region to notify local governments of the Governmental Entity Recycling and Purchasing of Recycled Materials rule and provide information on the resources that have been developed by NCTCOG to assist in determining whether or not compliance is required.|

Senate Bill 1376 Memo to the Region


Important Links

Texas Administrative Code Title 30, Chapter 328, Subchapter K
https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=30&pt=1&ch=328&sch=K&rl=Y
 
TCEQ’s Governmental Entity Recycling Program Website
https://www.tceq.texas.gov/p2/recycle/governmental-entity-recycling-program


Government Entity Recycling Program Map

Use the map below to help determine eligibility in compliance with S.B 1376. 

View Interactive Map
https://arcg.is/18Oqaz3