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AN ACT
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relating to solid waste services and solid waste management |
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programs in the extraterritorial jurisdiction of municipalities in |
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certain counties; authorizing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 364.011, Health and Safety Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) Notwithstanding Subsection (a), a commissioners court |
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may, through a competitive bidding process, contract for the |
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provision of solid waste collection, handling, storage, and |
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disposal in an area of the county located within the |
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extraterritorial jurisdiction of a municipality if: |
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(1) the municipality does not provide solid waste |
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disposal services in that area; and |
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(2) the county has a population of more than 1.5 |
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million and at least 75 percent of the population resides in a |
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single municipality. |
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SECTION 2. Section 364.034, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsections (a-1) and |
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(a-2) to read as follows: |
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(a) A public agency or a county may: |
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(1) offer solid waste disposal service to persons in |
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its territory, including, in the case of a county described by |
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Section 364.011(a-1)(2), an area of the county located within the |
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extraterritorial jurisdiction of a municipality if the |
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municipality does not provide solid waste disposal services in that |
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area; |
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(2) require the use of the service by those persons, |
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except as provided by Subsection (a-1); |
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(3) charge fees for the service; and |
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(4) establish the service as a utility separate from |
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other utilities in its territory. |
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(a-1) Notwithstanding Subsection (a)(2), a person is not |
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required to use solid waste disposal services offered by a county to |
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persons in an area of the county located within the |
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extraterritorial jurisdiction of a municipality that does not |
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provide solid waste disposal services in that area if: |
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(1) the person contracts for solid waste disposal |
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services with a provider that meets rules adopted by the commission |
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for the regulation of solid waste disposal; or |
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(2) the person is a private entity that contracts to |
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provide temporary solid waste disposal services to a construction |
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site or project by furnishing a roll-off container used to |
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transport construction waste or demolition debris to a facility for |
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disposal or recycling. |
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(a-2) Subsection (a-1) does not affect the authority of a |
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governmental entity to pursue actions under Subchapter B, Chapter |
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365, to address illegal dumping. |
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SECTION 3. Subchapter C, Chapter 364, Health and Safety |
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Code, is amended by adding Section 364.0345 to read as follows: |
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Sec. 364.0345. PENALTIES FOR FAILURE TO USE REQUIRED |
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SERVICE IN CERTAIN AREAS. The commissioners court of a county |
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described by Section 364.011(a-1)(2) that requires the use of a |
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county solid waste disposal service under Section 364.034 in the |
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extraterritorial jurisdiction of a municipality may adopt orders to |
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enforce the requirement, including an order establishing a civil or |
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administrative penalty in an amount reasonable and necessary to |
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ensure compliance with the requirement. |
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SECTION 4. Subchapter C, Chapter 791, Government Code, is |
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amended by adding Section 791.037 to read as follows: |
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Sec. 791.037. SOLID WASTE DISPOSAL SERVICES IN CERTAIN |
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COUNTIES. (a) In this section, "solid waste" has the meaning |
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assigned by Section 361.003, Health and Safety Code. |
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(b) This section applies only to a county with a population |
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of more than 1.5 million in which more than 75 percent of the |
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population resides in a single municipality. |
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(c) A county may contract with a municipality to provide, |
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directly or through a contract with another entity, a mandatory |
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program under Section 364.034, Health and Safety Code, for solid |
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waste disposal services in an area of the county located within the |
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extraterritorial jurisdiction of the municipality if the |
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municipality does not provide solid waste disposal services in that |
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area. |
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(d) A contract under this section must include provisions |
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regarding the termination of the county's provision of service on |
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the occurrence of certain contingencies, including the annexation |
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of the area covered by the contract by the municipality or the |
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provision of service to the area by the municipality. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1229 passed the Senate on |
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April 26, 2017, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1229 passed the House on |
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May 9, 2017, by the following vote: Yeas 144, Nays 1, two present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |