Texas 2021 - 87th Regular

Texas Senate Bill SB594 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hinojosa, Lucio S.B. No. 594
	2	+	(In the Senate - Filed February 5, 2021; March 11, 2021,
	3	+	read first time and referred to Committee on Local Government;
	4	+	April 29, 2021, reported favorably by the following vote: Yeas 5,
	5	+	Nays 0; April 29, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
4	9		A BILL TO BE ENTITLED
5	10		AN ACT
6	11		relating to the provision of solid waste disposal services by
7	12		certain counties; authorizing a fee.
8	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	14		SECTION 1. Section 364.011(a-1), Health and Safety Code, is
10	15		amended to read as follows:
11	16		(a-1) A commissioners court by rule may regulate solid waste
12	17		collection, handling, storage, and disposal by establishing a
13	18		mandatory program under Section 364.034 in an area of the county
14	19		located within the extraterritorial jurisdiction of a municipality
15	20		if:
16	21		(1) the municipality does not provide solid waste
17	22		disposal services in that area; and
18	23		(2) the county[:
19	24		[(A)] is adjacent to the United Mexican States
20	25		and either:
21	26		(A)[; (B)] has a population of less than
22	27		300,000[;] and
23	28		[(C)] contains a municipality with a population
24	29		of 200,000 or more; or
25	30		(B) has a population of more than 700,000 and
26	31		contains at least two municipalities that each have a population of
27	32		77,000 or more.
28		-	SECTION 2. Section 364.034, Health and Safety Code, is
29		-	amended by amending Subsections (a) and (b) and adding Subsection
30		-	(b-1) to read as follows:
	33	+	SECTION 2. Sections 364.034(a) and (b), Health and Safety
	34	+	Code, are amended to read as follows:
31	35		(a) A public agency or a county may:
32	36		(1) offer solid waste disposal service to persons in
33	37		its territory, including, in the case of a county described by
34	38		Section 364.011(a-1)(2)(B) or (a-2)(2) [364.011(a-2)(2)], an area
35	39		of the county located within the extraterritorial jurisdiction of a
36	40		municipality if the municipality does not provide solid waste
37	41		disposal services in that area;
38	42		(2) require the use of the service by those persons,
39	43		except as provided by Subsection (a-1);
40	44		(3) charge fees for the service; and
41	45		(4) establish the service as a utility separate from
42	46		other utilities in its territory.
43	47		(b) A fee for a service provided under this section may be
44	48		collected by:
45	49		(1) the county;
46	50		(2) a private or public entity that contracts with the
47	51		county to provide the service; [or]
48	52		(3) another private or public entity that contracts
49	53		with the county to collect the fees; or
50	54		(4) a county tax assessor-collector, for the purposes
51	55		of Section 364.0343.
52		-	(b-1) If a county described by Section 364.011(a-1)(2)(B)
53		-	contracts with a public or private entity to provide solid waste
54		-	disposal services as authorized under Section 364.011(a-1) and
55		-	Subsection (a), the contract must provide for solid waste disposal
56		-	services for the entire unincorporated area of the county, not
57		-	including areas in the extraterritorial jurisdiction of a
58		-	municipality where the municipality provides waste disposal
59		-	services.
60	56		SECTION 3. Subchapter C, Chapter 364, Health and Safety
61	57		Code, is amended by adding Section 364.0343 to read as follows:
62	58		Sec. 364.0343. COLLECTION OF CERTAIN FEES FOR SOLID WASTE
63	59		DISPOSAL SERVICES. (a) This section applies to a county that:
64	60		(1) regulates solid waste collection, handling,
65	61		storage, and disposal by establishing a mandatory program under
66	62		Section 364.011(a-1)(2)(B); and
67	63		(2) provides in the program rules that this section
68	64		applies to the collection of a fee under the program.
69	65		(b) The county tax assessor-collector of a county shall
70	66		include the fee in the tax bill prepared under Section 31.01, Tax
71	67		Code, for each landowner whose real property is benefited by the
72	68		solid waste disposal services for which the fee is imposed. The tax
73	69		bill must separately state the amount of the fee. The county tax
74	70		assessor-collector shall collect the fee for the county in the same
75	71		manner that the county tax assessor-collector collects ad valorem
76	72		taxes for the county.
77	73		(c) A commissioners court may obtain a lien against real
78	74		property benefited by the solid waste disposal services for which a
79	75		fee is imposed to secure payment of the fee. To obtain the lien, the
80	76		commissioners court must file a notice with the county clerk of the
81	77		county in which the property is located that includes:
82	78		(1) a statement that the fee has been imposed on the
83	79		landowner and the amount of the fee;
84	80		(2) a legal description of the property on which the
85	81		lien is to be attached sufficient to identify the property; and
86	82		(3) the name of the landowner, if known.
87	83		(d) The lien authorized by this section exists in favor of
88	84		the county. The lien attaches to the real property on the date the
89	85		notice of lien is filed with the county clerk. The lien is inferior
90	86		to a mortgage lien recorded with the county clerk before the date
91	87		the lien authorized by this section attaches to the property. A
92	88		county may not foreclose a lien authorized by this section if the
93	89		lien is the only lien attached to the property.
94	90		SECTION 4. Section 364.0345, Health and Safety Code, is
95	91		amended to read as follows:
96	92		Sec. 364.0345. PENALTIES FOR FAILURE TO USE REQUIRED
97		-	SERVICE IN CERTAIN AREAS. ~~(a)~~ The commissioners court of a county
	93	+	SERVICE IN CERTAIN AREAS. The commissioners court of a county
98	94		described by Section 364.011(a-1)(2)(B) or (a-2)(2)
99	95		[364.011(a-2)(2)] that requires the use of a county solid waste
100	96		disposal service under Section 364.034 in the extraterritorial
101	97		jurisdiction of a municipality may adopt orders to enforce the
102	98		requirement, including an order establishing a civil or
103	99		administrative penalty in an amount reasonable and necessary to
104	100		ensure compliance with the requirement.
105		-	(b) A county described by Section 364.011(a-1)(2)(B) may
106		-	not impose a civil penalty under Subsection (a) on a person in an
107		-	amount that exceeds 10 percent of the person's delinquent annual
108		-	service charge.
109	101		SECTION 5. This Act takes effect September 1, 2021.
	102	+	* * * * *