Texas 2013 - 83rd Regular

Texas House Bill HB1516 Compare Versions

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1	1	83R19836 NC-D
2	2	By: McClendon, et al. H.B. No. 1516
3	3	Substitute the following for H.B. No. 1516:
4	4	By: Reynolds C.S.H.B. No. 1516
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to solid waste services for rental property and solid
10	10	waste management programs in the extraterritorial jurisdiction of
11	11	municipalities in certain counties; authorizing penalties.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 364.011, Health and Safety Code, is
14	14	amended by adding Subsection (a-1) to read as follows:
15	15	(a-1) A commissioners court by rule may regulate solid waste
16	16	collection, handling, storage, and disposal by establishing a
17	17	mandatory program under Section 364.034 in an area of the county
18	18	located within the extraterritorial jurisdiction of a municipality
19	19	if:
20	20	(1) the municipality does not provide solid waste
21	21	disposal services in that area; and
22	22	(2) the county has a population of more than 1.5
23	23	million in which at least 75 percent of the population resides in a
24	24	single municipality.
25	25	SECTION 2. Section 364.034, Health and Safety Code, is
26	26	amended by amending Subsection (a) and adding Subsection (a-1) to
27	27	read as follows:
28	28	(a) A public agency or a county may:
29	29	(1) offer solid waste disposal service to persons in
30	30	its territory, including, in the case of a county described by
31	31	Section 364.011(a-1)(2), an area of the county located within the
32	32	extraterritorial jurisdiction of a municipality if the
33	33	municipality does not provide solid waste disposal services in that
34	34	area;
35	35	(2) require the use of the service by those persons,
36	36	except as provided by Subsection (a-1);
37	37	(3) charge fees for the service; and
38	38	(4) establish the service as a utility separate from
39	39	other utilities in its territory.
40	40	(a-1) Notwithstanding Subsection (a)(2), a person is not
41	41	required to use solid waste disposal services offered by a county to
42	42	persons in an area of the county located within the
43	43	extraterritorial jurisdiction of a municipality that does not
44	44	provide such services in that area if the person contracts for such
45	45	services with a provider that meets rules adopted by the commission
46	46	for the regulation of solid waste disposal.
47	47	SECTION 3. Subchapter C, Chapter 791, Government Code, is
48	48	amended by adding Section 791.036 to read as follows:
49	49	Sec. 791.036. SOLID WASTE DISPOSAL SERVICES IN CERTAIN
50	50	COUNTIES. (a) In this section, "solid waste" has the meaning
51	51	assigned by Section 361.003, Health and Safety Code.
52	52	(b) This section applies only to a county with a population
53	53	of more than 1.5 million in which more than 75 percent of the
54	54	population resides in a single municipality.
55	55	(c) A county may contract with a municipality to provide,
56	56	directly or through a contract with another entity, a mandatory
57	57	program for solid waste disposal services in an area of the county
58	58	located within the extraterritorial jurisdiction of the
59	59	municipality if the municipality does not provide solid waste
60	60	disposal services in that area.
61	61	(d) A mandatory solid waste disposal program provided under
62	62	a contract under this section does not apply to a private entity
63	63	that contracts to provide temporary solid waste disposal services
64	64	to a construction site or project by furnishing a roll-off
65	65	container used to transport construction waste or demolition debris
66	66	to a facility for disposal or recycling.
67	67	(e) Subsection (d) does not affect the authority of a
68	68	governmental entity to pursue actions under Subchapter B, Chapter
69	69	365, Health and Safety Code, to address illegal dumping.
70	70	(f) A contract under this section must include provisions
71	71	regarding the termination of the county's provision of service on
72	72	the occurrence of certain contingencies, including the annexation
73	73	of the area covered by the contract by the municipality or the
74	74	provision of service to the area by the municipality.
75	75	SECTION 4. Subchapter A, Chapter 92, Property Code, is
76	76	amended by adding Section 92.0071 to read as follows:
77	77	Sec. 92.0071. SOLID WASTE SERVICES REQUIRED IN CERTAIN
78	78	AREAS OF CERTAIN COUNTIES. (a) In this section, "garbage" and
79	79	"rubbish" have the meanings assigned by Section 361.003, Health and
80	80	Safety Code.
81	81	(b) This section applies only to a county with a population
82	82	of more than 1.5 million in which at least 75 percent of the
83	83	population resides in a single municipality.
84	84	(c) A landlord of two or more leased dwellings located in
85	85	the extraterritorial jurisdiction of a municipality located in the
86	86	county must:
87	87	(1) notify the county that the landlord has two or more
88	88	leased dwellings located in the extraterritorial jurisdiction of
89	89	the municipality and provide the addresses of the dwellings and the
90	90	landlord to the county; and
91	91	(2) provide solid waste services for the collection,
92	92	transportation, and disposal of garbage and rubbish from each
93	93	dwelling by using the solid waste disposal services offered by the
94	94	county, if any, or by contracting for the services with a provider
95	95	that meets rules adopted by the Texas Commission on Environmental
96	96	Quality for the regulation of solid waste disposal.
97	97	(d) On request by the county, the landlord must provide the
98	98	county with documentation showing that solid waste services for
99	99	each dwelling are being provided.
100	100	(e) A provision of a lease that purports to waive a right or
101	101	to exempt a party from a liability or duty under this section is
102	102	void.
103	103	(f) The commissioners court of the county may adopt orders
104	104	to enforce this section, including an order establishing a civil or
105	105	administrative penalty.
106	106	SECTION 5. (a) Except as provided by Subsection (b) of
107	107	this section, this Act takes effect immediately if it receives a
108	108	vote of two-thirds of all the members elected to each house, as
109	109	provided by Section 39, Article III, Texas Constitution. If this
110	110	Act does not receive the vote necessary for immediate effect, this
111	111	Act takes effect September 1, 2013.
112	112	(b) Section 92.0071, Property Code, as added by this Act,
113	113	takes effect January 1, 2014.