85R26947 SLB-D
By: Gervin-Hawkins H.B. No. 2763
Substitute the following for H.B. No. 2763:
By: Pickett C.S.H.B. No. 2763
A BILL TO BE ENTITLED
AN ACT
relating to solid waste services and solid waste management
programs in the extraterritorial jurisdiction of municipalities in
certain counties; authorizing penalties.
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) Notwithstanding Subsection (a), a commissioners court
may, through a competitive bidding process, contract for the
provision of solid waste collection, handling, storage, and
disposal 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 has a population of more than 1.5
million and at least 75 percent of the population resides in a
single municipality.
SECTION 2. Section 364.034, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsections (a-1) and
(a-2) 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 described by
Section 364.011(a-1)(2), 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,
except as provided by Subsection (a-1);
(3) charge fees for the service; and
(4) establish the service as a utility separate from
other utilities in its territory.
(a-1) Notwithstanding Subsection (a)(2), a person is not
required to use solid waste disposal services offered by a county to
persons in an area of the county located within the
extraterritorial jurisdiction of a municipality that does not
provide solid waste disposal services in that area 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. Subchapter C, Chapter 364, Health and Safety
Code, is amended by adding Section 364.0345 to read as follows:
Sec. 364.0345. PENALTIES FOR FAILURE TO USE REQUIRED
SERVICE IN CERTAIN AREAS. The commissioners court of a county
described by Section 364.011(a-1)(2) that requires the use of a
county solid waste disposal service under Section 364.034 in the
extraterritorial jurisdiction of a municipality may adopt orders to
enforce the requirement, including an order establishing a civil or
administrative penalty in an amount reasonable and necessary to
ensure compliance with the requirement.
SECTION 4. Subchapter C, Chapter 791, Government Code, is
amended by adding Section 791.037 to read as follows:
Sec. 791.037. SOLID WASTE DISPOSAL SERVICES IN CERTAIN
COUNTIES. (a) In this section, "solid waste" has the meaning
assigned by Section 361.003, Health and Safety Code.
(b) This section applies only to a county with a population
of more than 1.5 million in which more than 75 percent of the
population resides in a single municipality.
(c) A county may contract with a municipality to provide,
directly or through a contract with another entity, a mandatory
program under Section 364.034, Health and Safety Code, for 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.
(d) A contract under this section must include provisions
regarding the termination of the county's provision of service on
the occurrence of certain contingencies, including the annexation
of the area covered by the contract by the municipality or the
provision of service to the area by the municipality.
SECTION 5. 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, 2017.