88R5894 DRS-F
By: Zaffirini S.B. No. 1729
A BILL TO BE ENTITLED
AN ACT
relating to the provision of solid waste disposal services by
certain counties; authorizing a fee; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 364.011(a-2), Health and Safety Code, is
amended to read as follows:
(a-2) 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:
(A) has a population of more than 1.5 million and
at least 75 percent of the population resides in a single
municipality; or
(B) has a population of less than 1.3 million and
contains a municipality with a population of 750,000 or more.
SECTION 2. Section 791.037(b), Government Code, is amended
to read as follows:
(b) This section applies only to a county:
(1) with a population of more than 1.5 million in which
more than 75 percent of the population resides in a single
municipality; or
(2) with a population of less than 1.3 million that
contains a municipality with a population of 750,000 or more.
SECTION 3. Sections 352.082(a) and (c), Local Government
Code, are amended to read as follows:
(a) This section applies only to:
(1) the unincorporated area of a county:
(A) [(1)] that is adjacent to a county with a
population of 3.3 million or more; and
(B) [(2)] in which a planned community is located
that has 20,000 or more acres of land, that was originally
established under the Urban Growth and New Community Development
Act of 1970 (42 U.S.C. Section 4501 et seq.), and that is subject to
restrictive covenants containing ad valorem or annual variable
budget based assessments on real property; or
(2) the unincorporated area of a county:
(A) with a population of less than 1.3 million
that contains a municipality with a population of 750,000 or more;
and
(B) that offers solid waste disposal services to
persons in its territory.
(c) A person commits an offense if the person intentionally
or knowingly burns household refuse outdoors on a lot that is
either:
(1) located in the unincorporated area of a county
described by Subsection (a)(1) and:
(A) located in a neighborhood; or
(B) [(2)] smaller than five acres; or
(2) located in the unincorporated area of a county
described by Subsection (a)(2), if the commissioners court of the
county has established a mandatory program under Section 364.034,
Health and Safety Code, that benefits the lot.
SECTION 4. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.
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, 2023.