H.B. No. 1584
AN ACT
relating to the implementation of county solid waste management
programs in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 364.011, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) Subject to the limitation provided by Sections 361.151
and 361.152 (Solid Waste Disposal Act), and subject to Subsection
(a-1), a commissioners court by rule may regulate solid waste
collection, handling, storage, and disposal in areas of the county
not in a municipality or the extraterritorial jurisdiction of a
municipality.
(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:
(1) the municipality does not provide solid waste
disposal services in that area; and
(2) the county:
(A) is adjacent to the United Mexican States;
(B) has a population of less than 300,000; and
(C) contains a municipality with a population of
200,000 or more.
SECTION 2. Section 364.034, Health and Safety Code, is
amended by adding Subsections (a-1) and (a-2) to read as follows:
(a-1) Notwithstanding Subsection (a)(2), a person is not
required to use solid waste disposal services offered by a county,
as authorized under Section 364.011(a-1), to persons in an area of
the county located within the extraterritorial jurisdiction of a
municipality if:
(1) the person contracts for solid waste disposal
services with a provider that meets rules adopted by the commission
for the regulation of solid waste disposal; or
(2) the person is a private entity that contracts to
provide temporary solid waste disposal services to a construction
site or project by furnishing a roll-off container used to
transport construction waste or demolition debris to a facility for
disposal or recycling.
(a-2) Subsection (a-1) does not affect the authority of a
governmental entity to pursue actions under Subchapter B, Chapter
365, to address illegal dumping.
SECTION 3. The changes in law made by this Act apply only to
a contract for private solid waste collection, handling, storage,
or disposal entered into on or after the effective date of this Act.
A contract for private solid waste collection, handling, storage,
or disposal entered into before the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1584 was passed by the House on April
20, 2017, by the following vote: Yeas 144, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1584 was passed by the Senate on May
12, 2017, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor