Bill Text: TX HB2173 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the provision of solid waste disposal services by certain counties; authorizing a fee; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-09 - Referred to Environmental Regulation [HB2173 Detail]
Download: Texas-2023-HB2173-Introduced.html
88R5894 DRS-F | ||
By: Cole | H.B. No. 2173 |
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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) [ |
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population of 3.3 million or more; and | ||
(B) [ |
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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) [ |
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(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. |