Texas 2017 - 85th Regular

Texas House Bill HB1584 Compare Versions

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1-By: King of Uvalde (Senate Sponsor - Zaffirini) H.B. No. 1584
2- (In the Senate - Received from the House April 24, 2017;
3- May 2, 2017, read first time and referred to Committee on
4- Intergovernmental Relations; May 4, 2017, reported favorably by
5- the following vote: Yeas 7, Nays 0; May 4, 2017, sent to printer.)
6-Click here to see the committee vote
1+H.B. No. 1584
72
83
9- A BILL TO BE ENTITLED
104 AN ACT
115 relating to the implementation of county solid waste management
126 programs in certain counties.
137 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
148 SECTION 1. Section 364.011, Health and Safety Code, is
159 amended by amending Subsection (a) and adding Subsection (a-1) to
1610 read as follows:
1711 (a) Subject to the limitation provided by Sections 361.151
1812 and 361.152 (Solid Waste Disposal Act), and subject to Subsection
1913 (a-1), a commissioners court by rule may regulate solid waste
2014 collection, handling, storage, and disposal in areas of the county
2115 not in a municipality or the extraterritorial jurisdiction of a
2216 municipality.
2317 (a-1) A commissioners court by rule may regulate solid waste
2418 collection, handling, storage, and disposal by establishing a
2519 mandatory program under Section 364.034 in an area of the county
2620 located within the extraterritorial jurisdiction of a municipality
2721 if:
2822 (1) the municipality does not provide solid waste
2923 disposal services in that area; and
3024 (2) the county:
3125 (A) is adjacent to the United Mexican States;
3226 (B) has a population of less than 300,000; and
3327 (C) contains a municipality with a population of
3428 200,000 or more.
3529 SECTION 2. Section 364.034, Health and Safety Code, is
3630 amended by adding Subsections (a-1) and (a-2) to read as follows:
3731 (a-1) Notwithstanding Subsection (a)(2), a person is not
3832 required to use solid waste disposal services offered by a county,
3933 as authorized under Section 364.011(a-1), to persons in an area of
4034 the county located within the extraterritorial jurisdiction of a
4135 municipality if:
4236 (1) the person contracts for solid waste disposal
4337 services with a provider that meets rules adopted by the commission
4438 for the regulation of solid waste disposal; or
4539 (2) the person is a private entity that contracts to
4640 provide temporary solid waste disposal services to a construction
4741 site or project by furnishing a roll-off container used to
4842 transport construction waste or demolition debris to a facility for
4943 disposal or recycling.
5044 (a-2) Subsection (a-1) does not affect the authority of a
5145 governmental entity to pursue actions under Subchapter B, Chapter
5246 365, to address illegal dumping.
5347 SECTION 3. The changes in law made by this Act apply only to
5448 a contract for private solid waste collection, handling, storage,
5549 or disposal entered into on or after the effective date of this Act.
5650 A contract for private solid waste collection, handling, storage,
5751 or disposal entered into before the effective date of this Act is
5852 governed by the law in effect immediately before the effective date
5953 of this Act, and that law is continued in effect for that purpose.
6054 SECTION 4. This Act takes effect September 1, 2017.
61- * * * * *
55+ ______________________________ ______________________________
56+ President of the Senate Speaker of the House
57+ I certify that H.B. No. 1584 was passed by the House on April
58+ 20, 2017, by the following vote: Yeas 144, Nays 0, 2 present, not
59+ voting.
60+ ______________________________
61+ Chief Clerk of the House
62+ I certify that H.B. No. 1584 was passed by the Senate on May
63+ 12, 2017, by the following vote: Yeas 30, Nays 1.
64+ ______________________________
65+ Secretary of the Senate
66+ APPROVED: _____________________
67+ Date
68+ _____________________
69+ Governor