Bill Text: TX HB2763 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to solid waste services and solid waste management programs in the extraterritorial jurisdiction of municipalities in certain counties; authorizing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-05-09 - Laid on the table subject to call [HB2763 Detail]
Download: Texas-2017-HB2763-Comm_Sub.html
| 85R26947 SLB-D | |||
| By: Gervin-Hawkins | H.B. No. 2763 | ||
| Substitute the following for H.B. No. 2763: | |||
| By: Pickett | C.S.H.B. No. 2763 | ||
|
|
||
|
|
||
| relating to solid waste services and solid waste management | ||
| programs in the extraterritorial jurisdiction of municipalities in | ||
| certain counties; authorizing penalties. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 364.011, Health and Safety Code, is | ||
| amended by adding Subsection (a-1) to read as follows: | ||
| (a-1) 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 has a population of more than 1.5 | ||
| million and at least 75 percent of the population resides in a | ||
| single municipality. | ||
| SECTION 2. Section 364.034, Health and Safety Code, is | ||
| amended by amending Subsection (a) and adding Subsections (a-1) and | ||
| (a-2) to read as follows: | ||
| (a) A public agency or a county may: | ||
| (1) offer solid waste disposal service to persons in | ||
| its territory, including, in the case of a county described by | ||
| Section 364.011(a-1)(2), an area of the county located within the | ||
| extraterritorial jurisdiction of a municipality if the | ||
| municipality does not provide solid waste disposal services in that | ||
| area; | ||
| (2) require the use of the service by those persons, | ||
| except as provided by Subsection (a-1); | ||
| (3) charge fees for the service; and | ||
| (4) establish the service as a utility separate from | ||
| other utilities in its territory. | ||
| (a-1) Notwithstanding Subsection (a)(2), a person is not | ||
| required to use solid waste disposal services offered by a county to | ||
| persons in an area of the county located within the | ||
| extraterritorial jurisdiction of a municipality that does not | ||
| provide solid waste disposal services in that area if: | ||
| (1) the person contracts for solid waste disposal | ||
| services with a provider that meets rules adopted by the commission | ||
| for the regulation of solid waste disposal; or | ||
| (2) the person is a private entity that contracts to | ||
| provide temporary solid waste disposal services to a construction | ||
| site or project by furnishing a roll-off container used to | ||
| transport construction waste or demolition debris to a facility for | ||
| disposal or recycling. | ||
| (a-2) Subsection (a-1) does not affect the authority of a | ||
| governmental entity to pursue actions under Subchapter B, Chapter | ||
| 365, to address illegal dumping. | ||
| SECTION 3. Subchapter C, Chapter 364, Health and Safety | ||
| Code, is amended by adding Section 364.0345 to read as follows: | ||
| Sec. 364.0345. PENALTIES FOR FAILURE TO USE REQUIRED | ||
| SERVICE IN CERTAIN AREAS. The commissioners court of a county | ||
| described by Section 364.011(a-1)(2) that requires the use of a | ||
| county solid waste disposal service under Section 364.034 in the | ||
| extraterritorial jurisdiction of a municipality may adopt orders to | ||
| enforce the requirement, including an order establishing a civil or | ||
| administrative penalty in an amount reasonable and necessary to | ||
| ensure compliance with the requirement. | ||
| SECTION 4. Subchapter C, Chapter 791, Government Code, is | ||
| amended by adding Section 791.037 to read as follows: | ||
| Sec. 791.037. SOLID WASTE DISPOSAL SERVICES IN CERTAIN | ||
| COUNTIES. (a) In this section, "solid waste" has the meaning | ||
| assigned by Section 361.003, Health and Safety Code. | ||
| (b) This section applies only to a county with a population | ||
| of more than 1.5 million in which more than 75 percent of the | ||
| population resides in a single municipality. | ||
| (c) A county may contract with a municipality to provide, | ||
| directly or through a contract with another entity, a mandatory | ||
| program under Section 364.034, Health and Safety Code, for solid | ||
| waste disposal services in an area of the county located within the | ||
| extraterritorial jurisdiction of the municipality if the | ||
| municipality does not provide solid waste disposal services in that | ||
| area. | ||
| (d) A contract under this section must include provisions | ||
| regarding the termination of the county's provision of service on | ||
| the occurrence of certain contingencies, including the annexation | ||
| of the area covered by the contract by the municipality or the | ||
| provision of service to the area by the municipality. | ||
| 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, 2017. | ||
