Texas 2017 - 85th Regular

Texas House Bill HB2763 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R26947 SLB-D
2	2	By: Gervin-Hawkins H.B. No. 2763
3	3	Substitute the following for H.B. No. 2763:
4	4	By: Pickett C.S.H.B. No. 2763
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to solid waste services and solid waste management
10	10	programs in the extraterritorial jurisdiction of municipalities in
11	11	certain counties; authorizing penalties.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 364.011, Health and Safety Code, is
14	14	amended by adding Subsection (a-1) to read as follows:
15	15	(a-1) Notwithstanding Subsection (a), a commissioners court
16	16	may, through a competitive bidding process, contract for the
17	17	provision of solid waste collection, handling, storage, and
18	18	disposal in an area of the county located within the
19	19	extraterritorial jurisdiction of a municipality if:
20	20	(1) the municipality does not provide solid waste
21	21	disposal services in that area; and
22	22	(2) the county has a population of more than 1.5
23	23	million and at least 75 percent of the population resides in a
24	24	single municipality.
25	25	SECTION 2. Section 364.034, Health and Safety Code, is
26	26	amended by amending Subsection (a) and adding Subsections (a-1) and
27	27	(a-2) to read as follows:
28	28	(a) A public agency or a county may:
29	29	(1) offer solid waste disposal service to persons in
30	30	its territory, including, in the case of a county described by
31	31	Section 364.011(a-1)(2), an area of the county located within the
32	32	extraterritorial jurisdiction of a municipality if the
33	33	municipality does not provide solid waste disposal services in that
34	34	area;
35	35	(2) require the use of the service by those persons,
36	36	except as provided by Subsection (a-1);
37	37	(3) charge fees for the service; and
38	38	(4) establish the service as a utility separate from
39	39	other utilities in its territory.
40	40	(a-1) Notwithstanding Subsection (a)(2), a person is not
41	41	required to use solid waste disposal services offered by a county to
42	42	persons in an area of the county located within the
43	43	extraterritorial jurisdiction of a municipality that does not
44	44	provide solid waste disposal services in that area if:
45	45	(1) the person contracts for solid waste disposal
46	46	services with a provider that meets rules adopted by the commission
47	47	for the regulation of solid waste disposal; or
48	48	(2) the person is a private entity that contracts to
49	49	provide temporary solid waste disposal services to a construction
50	50	site or project by furnishing a roll-off container used to
51	51	transport construction waste or demolition debris to a facility for
52	52	disposal or recycling.
53	53	(a-2) Subsection (a-1) does not affect the authority of a
54	54	governmental entity to pursue actions under Subchapter B, Chapter
55	55	365, to address illegal dumping.
56	56	SECTION 3. Subchapter C, Chapter 364, Health and Safety
57	57	Code, is amended by adding Section 364.0345 to read as follows:
58	58	Sec. 364.0345. PENALTIES FOR FAILURE TO USE REQUIRED
59	59	SERVICE IN CERTAIN AREAS. The commissioners court of a county
60	60	described by Section 364.011(a-1)(2) that requires the use of a
61	61	county solid waste disposal service under Section 364.034 in the
62	62	extraterritorial jurisdiction of a municipality may adopt orders to
63	63	enforce the requirement, including an order establishing a civil or
64	64	administrative penalty in an amount reasonable and necessary to
65	65	ensure compliance with the requirement.
66	66	SECTION 4. Subchapter C, Chapter 791, Government Code, is
67	67	amended by adding Section 791.037 to read as follows:
68	68	Sec. 791.037. SOLID WASTE DISPOSAL SERVICES IN CERTAIN
69	69	COUNTIES. (a) In this section, "solid waste" has the meaning
70	70	assigned by Section 361.003, Health and Safety Code.
71	71	(b) This section applies only to a county with a population
72	72	of more than 1.5 million in which more than 75 percent of the
73	73	population resides in a single municipality.
74	74	(c) A county may contract with a municipality to provide,
75	75	directly or through a contract with another entity, a mandatory
76	76	program under Section 364.034, Health and Safety Code, for solid
77	77	waste disposal services in an area of the county located within the
78	78	extraterritorial jurisdiction of the municipality if the
79	79	municipality does not provide solid waste disposal services in that
80	80	area.
81	81	(d) A contract under this section must include provisions
82	82	regarding the termination of the county's provision of service on
83	83	the occurrence of certain contingencies, including the annexation
84	84	of the area covered by the contract by the municipality or the
85	85	provision of service to the area by the municipality.
86	86	SECTION 5. This Act takes effect immediately if it receives
87	87	a vote of two-thirds of all the members elected to each house, as
88	88	provided by Section 39, Article III, Texas Constitution. If this
89	89	Act does not receive the vote necessary for immediate effect, this
90	90	Act takes effect September 1, 2017.