| 1 | 1 | | 88R5894 DRS-F |
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| 2 | 2 | | By: Zaffirini S.B. No. 1729 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the provision of solid waste disposal services by |
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| 8 | 8 | | certain counties; authorizing a fee; creating a criminal offense. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 364.011(a-2), Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a-2) Notwithstanding Subsection (a), a commissioners court |
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| 13 | 13 | | may, through a competitive bidding process, contract for the |
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| 14 | 14 | | provision of solid waste collection, handling, storage, and |
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| 15 | 15 | | disposal in an area of the county located within the |
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| 16 | 16 | | extraterritorial jurisdiction of a municipality if: |
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| 17 | 17 | | (1) the municipality does not provide solid waste |
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| 18 | 18 | | disposal services in that area; and |
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| 19 | 19 | | (2) the county: |
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| 20 | 20 | | (A) has a population of more than 1.5 million and |
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| 21 | 21 | | at least 75 percent of the population resides in a single |
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| 22 | 22 | | municipality; or |
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| 23 | 23 | | (B) has a population of less than 1.3 million and |
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| 24 | 24 | | contains a municipality with a population of 750,000 or more. |
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| 25 | 25 | | SECTION 2. Section 791.037(b), Government Code, is amended |
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| 26 | 26 | | to read as follows: |
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| 27 | 27 | | (b) This section applies only to a county: |
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| 28 | 28 | | (1) with a population of more than 1.5 million in which |
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| 29 | 29 | | more than 75 percent of the population resides in a single |
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| 30 | 30 | | municipality; or |
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| 31 | 31 | | (2) with a population of less than 1.3 million that |
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| 32 | 32 | | contains a municipality with a population of 750,000 or more. |
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| 33 | 33 | | SECTION 3. Sections 352.082(a) and (c), Local Government |
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| 34 | 34 | | Code, are amended to read as follows: |
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| 35 | 35 | | (a) This section applies only to: |
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| 36 | 36 | | (1) the unincorporated area of a county: |
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| 37 | 37 | | (A) [(1)] that is adjacent to a county with a |
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| 38 | 38 | | population of 3.3 million or more; and |
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| 39 | 39 | | (B) [(2)] in which a planned community is located |
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| 40 | 40 | | that has 20,000 or more acres of land, that was originally |
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| 41 | 41 | | established under the Urban Growth and New Community Development |
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| 42 | 42 | | Act of 1970 (42 U.S.C. Section 4501 et seq.), and that is subject to |
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| 43 | 43 | | restrictive covenants containing ad valorem or annual variable |
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| 44 | 44 | | budget based assessments on real property; or |
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| 45 | 45 | | (2) the unincorporated area of a county: |
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| 46 | 46 | | (A) with a population of less than 1.3 million |
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| 47 | 47 | | that contains a municipality with a population of 750,000 or more; |
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| 48 | 48 | | and |
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| 49 | 49 | | (B) that offers solid waste disposal services to |
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| 50 | 50 | | persons in its territory. |
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| 51 | 51 | | (c) A person commits an offense if the person intentionally |
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| 52 | 52 | | or knowingly burns household refuse outdoors on a lot that is |
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| 53 | 53 | | either: |
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| 54 | 54 | | (1) located in the unincorporated area of a county |
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| 55 | 55 | | described by Subsection (a)(1) and: |
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| 56 | 56 | | (A) located in a neighborhood; or |
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| 57 | 57 | | (B) [(2)] smaller than five acres; or |
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| 58 | 58 | | (2) located in the unincorporated area of a county |
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| 59 | 59 | | described by Subsection (a)(2), if the commissioners court of the |
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| 60 | 60 | | county has established a mandatory program under Section 364.034, |
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| 61 | 61 | | Health and Safety Code, that benefits the lot. |
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| 62 | 62 | | SECTION 4. The changes in law made by this Act apply only to |
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| 63 | 63 | | an offense committed on or after the effective date of this Act. An |
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| 64 | 64 | | offense committed before the effective date of this Act is governed |
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| 65 | 65 | | by the law in effect when the offense was committed, and the former |
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| 66 | 66 | | law is continued in effect for that purpose. For purposes of this |
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| 67 | 67 | | section, an offense was committed before the effective date of this |
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| 68 | 68 | | Act if any element of the offense occurred before that date. |
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| 69 | 69 | | SECTION 5. This Act takes effect immediately if it receives |
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| 70 | 70 | | a vote of two-thirds of all the members elected to each house, as |
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| 71 | 71 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 72 | 72 | | Act does not receive the vote necessary for immediate effect, this |
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| 73 | 73 | | Act takes effect September 1, 2023. |
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