83R1520 SLB-F
By: McClendon H.B. No. 83
A BILL TO BE ENTITLED
AN ACT
relating to the implementation of county solid waste management
programs in the extraterritorial jurisdiction of a municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 364.011, Health and Safety Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) A commissioners court by rule may regulate solid waste
collection, handling, storage, and disposal by establishing a
mandatory program under Section 364.034 in an area of the county
located within the extraterritorial jurisdiction of a municipality
if the municipality does not provide solid waste disposal services
in that area.
SECTION 2. Section 364.034(a), Health and Safety Code, is
amended to read as follows:
(a) A public agency or a county may:
(1) offer solid waste disposal service to persons in
its territory, including, in the case of a county, an area of the
county located within the extraterritorial jurisdiction of a
municipality if the municipality does not provide solid waste
disposal services in that area;
(2) require the use of the service by those persons;
(3) charge fees for the service; and
(4) establish the service as a utility separate from
other utilities in its territory.
SECTION 3. Subchapter C, Chapter 791, Government Code, is
amended by adding Section 791.036 to read as follows:
Sec. 791.036. SOLID WASTE DISPOSAL SERVICES. (a) In this
section, "solid waste" has the meaning assigned by Section 361.003,
Health and Safety Code.
(b) A county may contract with a municipality to provide,
directly or through a contract with another entity, solid waste
disposal services in an area of the county located within the
extraterritorial jurisdiction of the municipality if the
municipality does not provide solid waste disposal services in that
area.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.