By Cuellar of Hidalgo, et al. H.B. No. 1673
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to garbage and rubbish collection by certain counties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 364.003, Health and Safety Code, is
1-5 amended by adding Subdivisions (7) and (8) to read as follows:
1-6 (7) "Garbage" has the meaning assigned by Section
1-7 361.003.
1-8 (8) "Rubbish" has the meaning assigned by Section
1-9 361.003.
1-10 SECTION 2. Chapter 364, Health and Safety Code, is amended
1-11 by adding Subchapter E to read as follows:
1-12 SUBCHAPTER E. GARBAGE AND RUBBISH COLLECTION
1-13 SYSTEMS AND CONTRACTS IN CERTAIN COUNTIES
1-14 Sec. 364.071. GARBAGE AND RUBBISH COLLECTION SERVICE. (a)
1-15 In a county with a population of 50,000 or more, a commissioners
1-16 court of a county that borders Mexico may acquire, construct, or
1-17 operate a garbage and rubbish collection service to provide garbage
1-18 and rubbish collection, transportation, handling, storage, or
1-19 disposal services to persons in the unincorporated area of the
1-20 county.
1-21 (b) In providing the services, the county may:
1-22 (1) require the use of the service by persons in the
1-23 unincorporated area;
1-24 (2) charge a fee for the service; and
2-1 (3) establish the service as a utility separate from
2-2 other utilities.
2-3 (c) In providing the service, a county may not:
2-4 (1) affect or disrupt the preexisting or subsequent
2-5 contractual relationship between a residence or a residential
2-6 neighborhood association and a nonpublicly owned provider of waste
2-7 collection services; or
2-8 (2) affect or disrupt the preexisting or subsequent
2-9 contractual relationship between a commercial or industrial waste
2-10 generator and a nonpublicly owned provider of waste services.
2-11 (d) No person shall be prevented from recovering or
2-12 diverting materials from the solid waste stream for purposes of
2-13 reuse, recycling, or reclamation or from selling, delivering, or
2-14 conveying such materials to any third party.
2-15 Sec. 364.072. CONTRACT WITH PUBLIC OR PRIVATE ENTITY. (a)
2-16 The commissioners court may provide the service by using county
2-17 employees or by contracting with another public or private entity
2-18 to perform the services or a portion of the services.
2-19 (b) The award of a contract under this section shall be made
2-20 in accordance with the county's competitive bidding process under
2-21 Subchapter C, Chapter 262, Local Government Code.
2-22 (c) The commissioners court may, in determining the award of
2-23 a contract, give preference to a person who is domiciled or located
2-24 in the county and who has previously furnished garbage and rubbish
2-25 collection services or a portion of the services in the county.
2-26 The commissioners court may also consider the kind and quality of
2-27 the services previously furnished.
3-1 Sec. 364.073. COLLECTION OF SERVICE FEE. (a) A fee for a
3-2 service provided under this section may be collected by:
3-3 (1) the county;
3-4 (2) the private or public entity that contracts with
3-5 the county for the provision of the service; or
3-6 (3) another public or private utility that enters into
3-7 a collection contract under this section.
3-8 (b) A county may enter into a collection contract with
3-9 another public or private utility to collect a fee due under this
3-10 section. The contract shall:
3-11 (1) require the billing of the garbage and rubbish
3-12 service fee within the bill for other utility services;
3-13 (2) allow a fee to be paid to the utility for
3-14 collecting and billing the garbage and rubbish service fee;
3-15 (3) require a system of accounting for fees collected;
3-16 and
3-17 (4) contain other terms as agreed to by the parties.
3-18 Sec. 364.074. CONNECTION, DISCONNECTION, AND SUSPENSION OF
3-19 SERVICES. (a) A county may not require a customer to pay for
3-20 garbage and rubbish collection service previously furnished to
3-21 another customer at the same service connection as a condition of
3-22 connecting or continuing service.
3-23 (b) A county may not require a customer's bill for service
3-24 to be guaranteed by a third party as a condition of connecting or
3-25 continuing service.
3-26 (c) A county may require varying service deposits for
3-27 customers as it considers appropriate in each case.
4-1 (d) To aid enforcement of fee collection for the garbage and
4-2 rubbish collection service:
4-3 (1) a county or the public or private entity that
4-4 provides the service may suspend service to a person who is
4-5 delinquent in payment of a garbage and rubbish collection service
4-6 fee until the delinquent claim is fully paid; and
4-7 (2) a public or private utility that bills and
4-8 collects the service fee under Section 364.073 may suspend service
4-9 of that utility, in addition to the suspension of garbage and
4-10 rubbish collection, to a person who is delinquent in payment of the
4-11 service fee until the delinquent claim is fully paid.
4-12 SECTION 3. This Act takes effect January 1, 1994.
4-13 SECTION 4. The importance of this legislation and the
4-14 crowded condition of the calendars in both houses create an
4-15 emergency and an imperative public necessity that the
4-16 constitutional rule requiring bills to be read on three several
4-17 days in each house be suspended, and this rule is hereby suspended.