10 | 4 | | AN ACT |
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11 | 5 | | relating to the implementation of county solid waste management |
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12 | 6 | | programs in certain counties. |
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13 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 8 | | SECTION 1. Section 364.011, Health and Safety Code, is |
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15 | 9 | | amended by amending Subsection (a) and adding Subsection (a-1) to |
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16 | 10 | | read as follows: |
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17 | 11 | | (a) Subject to the limitation provided by Sections 361.151 |
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18 | 12 | | and 361.152 (Solid Waste Disposal Act), and subject to Subsection |
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19 | 13 | | (a-1), a commissioners court by rule may regulate solid waste |
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20 | 14 | | collection, handling, storage, and disposal in areas of the county |
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21 | 15 | | not in a municipality or the extraterritorial jurisdiction of a |
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22 | 16 | | municipality. |
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23 | 17 | | (a-1) A commissioners court by rule may regulate solid waste |
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24 | 18 | | collection, handling, storage, and disposal by establishing a |
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25 | 19 | | mandatory program under Section 364.034 in an area of the county |
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26 | 20 | | located within the extraterritorial jurisdiction of a municipality |
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27 | 21 | | if: |
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28 | 22 | | (1) the municipality does not provide solid waste |
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29 | 23 | | disposal services in that area; and |
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30 | 24 | | (2) the county: |
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31 | 25 | | (A) is adjacent to the United Mexican States; |
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32 | 26 | | (B) has a population of less than 300,000; and |
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33 | 27 | | (C) contains a municipality with a population of |
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34 | 28 | | 200,000 or more. |
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35 | 29 | | SECTION 2. Section 364.034, Health and Safety Code, is |
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36 | 30 | | amended by adding Subsections (a-1) and (a-2) to read as follows: |
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37 | 31 | | (a-1) Notwithstanding Subsection (a)(2), a person is not |
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38 | 32 | | required to use solid waste disposal services offered by a county, |
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39 | 33 | | as authorized under Section 364.011(a-1), to persons in an area of |
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40 | 34 | | the county located within the extraterritorial jurisdiction of a |
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41 | 35 | | municipality if: |
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42 | 36 | | (1) the person contracts for solid waste disposal |
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43 | 37 | | services with a provider that meets rules adopted by the commission |
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44 | 38 | | for the regulation of solid waste disposal; or |
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45 | 39 | | (2) the person is a private entity that contracts to |
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46 | 40 | | provide temporary solid waste disposal services to a construction |
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47 | 41 | | site or project by furnishing a roll-off container used to |
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48 | 42 | | transport construction waste or demolition debris to a facility for |
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49 | 43 | | disposal or recycling. |
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50 | 44 | | (a-2) Subsection (a-1) does not affect the authority of a |
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51 | 45 | | governmental entity to pursue actions under Subchapter B, Chapter |
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52 | 46 | | 365, to address illegal dumping. |
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53 | 47 | | SECTION 3. The changes in law made by this Act apply only to |
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54 | 48 | | a contract for private solid waste collection, handling, storage, |
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55 | 49 | | or disposal entered into on or after the effective date of this Act. |
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56 | 50 | | A contract for private solid waste collection, handling, storage, |
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57 | 51 | | or disposal entered into before the effective date of this Act is |
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58 | 52 | | governed by the law in effect immediately before the effective date |
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59 | 53 | | of this Act, and that law is continued in effect for that purpose. |
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60 | 54 | | SECTION 4. This Act takes effect September 1, 2017. |
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61 | | - | * * * * * |
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| 55 | + | ______________________________ ______________________________ |
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| 56 | + | President of the Senate Speaker of the House |
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| 57 | + | I certify that H.B. No. 1584 was passed by the House on April |
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| 58 | + | 20, 2017, by the following vote: Yeas 144, Nays 0, 2 present, not |
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| 59 | + | voting. |
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| 60 | + | ______________________________ |
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| 61 | + | Chief Clerk of the House |
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| 62 | + | I certify that H.B. No. 1584 was passed by the Senate on May |
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| 63 | + | 12, 2017, by the following vote: Yeas 30, Nays 1. |
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| 64 | + | ______________________________ |
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| 65 | + | Secretary of the Senate |
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| 66 | + | APPROVED: _____________________ |
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| 67 | + | Date |
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| 68 | + | _____________________ |
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| 69 | + | Governor |
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