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.