Texas 2017 - 85th Regular

Texas Senate Bill SB1229 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Menéndez S.B. No. 1229
2		-	(Reynolds)
	1	+	S.B. No. 1229
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to solid waste services and solid waste management
8	6		programs in the extraterritorial jurisdiction of municipalities in
9	7		certain counties; authorizing penalties.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Section 364.011, Health and Safety Code, is
12	10		amended by adding Subsection (a-1) to read as follows:
13	11		(a-1) Notwithstanding Subsection (a), a commissioners court
14	12		may, through a competitive bidding process, contract for the
15	13		provision of solid waste collection, handling, storage, and
16	14		disposal in an area of the county located within the
17	15		extraterritorial jurisdiction of a municipality if:
18	16		(1) the municipality does not provide solid waste
19	17		disposal services in that area; and
20	18		(2) the county has a population of more than 1.5
21	19		million and at least 75 percent of the population resides in a
22	20		single municipality.
23	21		SECTION 2. Section 364.034, Health and Safety Code, is
24	22		amended by amending Subsection (a) and adding Subsections (a-1) and
25	23		(a-2) to read as follows:
26	24		(a) A public agency or a county may:
27	25		(1) offer solid waste disposal service to persons in
28	26		its territory, including, in the case of a county described by
29	27		Section 364.011(a-1)(2), an area of the county located within the
30	28		extraterritorial jurisdiction of a municipality if the
31	29		municipality does not provide solid waste disposal services in that
32	30		area;
33	31		(2) require the use of the service by those persons,
34	32		except as provided by Subsection (a-1);
35	33		(3) charge fees for the service; and
36	34		(4) establish the service as a utility separate from
37	35		other utilities in its territory.
38	36		(a-1) Notwithstanding Subsection (a)(2), a person is not
39	37		required to use solid waste disposal services offered by a county to
40	38		persons in an area of the county located within the
41	39		extraterritorial jurisdiction of a municipality that does not
42	40		provide solid waste disposal services in that area if:
43	41		(1) the person contracts for solid waste disposal
44	42		services with a provider that meets rules adopted by the commission
45	43		for the regulation of solid waste disposal; or
46	44		(2) the person is a private entity that contracts to
47	45		provide temporary solid waste disposal services to a construction
48	46		site or project by furnishing a roll-off container used to
49	47		transport construction waste or demolition debris to a facility for
50	48		disposal or recycling.
51	49		(a-2) Subsection (a-1) does not affect the authority of a
52	50		governmental entity to pursue actions under Subchapter B, Chapter
53	51		365, to address illegal dumping.
54	52		SECTION 3. Subchapter C, Chapter 364, Health and Safety
55	53		Code, is amended by adding Section 364.0345 to read as follows:
56	54		Sec. 364.0345. PENALTIES FOR FAILURE TO USE REQUIRED
57	55		SERVICE IN CERTAIN AREAS. The commissioners court of a county
58	56		described by Section 364.011(a-1)(2) that requires the use of a
59	57		county solid waste disposal service under Section 364.034 in the
60	58		extraterritorial jurisdiction of a municipality may adopt orders to
61	59		enforce the requirement, including an order establishing a civil or
62	60		administrative penalty in an amount reasonable and necessary to
63	61		ensure compliance with the requirement.
64	62		SECTION 4. Subchapter C, Chapter 791, Government Code, is
65	63		amended by adding Section 791.037 to read as follows:
66	64		Sec. 791.037. SOLID WASTE DISPOSAL SERVICES IN CERTAIN
67	65		COUNTIES. (a) In this section, "solid waste" has the meaning
68	66		assigned by Section 361.003, Health and Safety Code.
69	67		(b) This section applies only to a county with a population
70	68		of more than 1.5 million in which more than 75 percent of the
71	69		population resides in a single municipality.
72	70		(c) A county may contract with a municipality to provide,
73	71		directly or through a contract with another entity, a mandatory
74	72		program under Section 364.034, Health and Safety Code, for solid
75	73		waste disposal services in an area of the county located within the
76	74		extraterritorial jurisdiction of the municipality if the
77	75		municipality does not provide solid waste disposal services in that
78	76		area.
79	77		(d) A contract under this section must include provisions
80	78		regarding the termination of the county's provision of service on
81	79		the occurrence of certain contingencies, including the annexation
82	80		of the area covered by the contract by the municipality or the
83	81		provision of service to the area by the municipality.
84	82		SECTION 5. This Act takes effect immediately if it receives
85	83		a vote of two-thirds of all the members elected to each house, as
86	84		provided by Section 39, Article III, Texas Constitution. If this
87	85		Act does not receive the vote necessary for immediate effect, this
88	86		Act takes effect September 1, 2017.
	87	+	______________________________ ______________________________
	88	+	President of the Senate Speaker of the House
	89	+	I hereby certify that S.B. No. 1229 passed the Senate on
	90	+	April 26, 2017, by the following vote: Yeas 30, Nays 1.
	91	+	______________________________
	92	+	Secretary of the Senate
	93	+	I hereby certify that S.B. No. 1229 passed the House on
	94	+	May 9, 2017, by the following vote: Yeas 144, Nays 1, two present
	95	+	not voting.
	96	+	______________________________
	97	+	Chief Clerk of the House
	98	+	Approved:
	99	+	______________________________
	100	+	Date
	101	+	______________________________
	102	+	Governor