1-1 By: Cuellar of Hidalgo, et al. H.B. No. 1673
1-2 (Senate Sponsor - Lucio)
1-3 (In the Senate - Received from the House May 10, 1993;
1-4 May 11, 1993, read first time and referred to Committee on
1-5 Intergovernmental Relations; May 26, 1993, reported favorably, as
1-6 amended, by the following vote: Yeas 6, Nays 1; May 26, 1993, sent
1-7 to printer.)
1-8 COMMITTEE VOTE
1-9 Yea Nay PNV Absent
1-10 Armbrister x
1-11 Leedom x
1-12 Carriker x
1-13 Henderson x
1-14 Madla x
1-15 Moncrief x
1-16 Patterson x
1-17 Rosson x
1-18 Shapiro x
1-19 Wentworth x
1-20 Whitmire x
1-21 COMMITTEE AMENDMENT NO. 1 By: Rosson
1-22 Amend H.B. 1673 as follows:
1-23 On page 2, lines 55 through 65, strike the existing
1-24 subsection (d) and replace in lieu thereof the following:
1-25 (d) To aid enforcement of fee collection for the garbage and
1-26 rubbish collection service, a county or the public or private
1-27 entity that provides the service may suspend service to a person
1-28 who is delinquent in payment of a garbage and rubbish collection
1-29 service fee until the delinquent claim is fully paid.
1-30 COMMITTEE AMENDMENT NO. 2 By: Madla
1-31 Amend H.B. 1673 as follows:
1-32 SECTION 2, Chapter 364.072, add new subsection (d) to read as
1-33 follows:
1-34 (d) Any county under chapter 364.071(a) shall make a good
1-35 faith effort to assist historically underutilized businesses to
1-36 receive at least 30 percent of the total value of contracts awarded
1-37 by the county for garbage and rubbish collection services.
1-38 A BILL TO BE ENTITLED
1-39 AN ACT
1-40 relating to garbage and rubbish collection by certain counties.
1-41 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-42 SECTION 1. Section 364.003, Health and Safety Code, is
1-43 amended by adding Subdivisions (7) and (8) to read as follows:
1-44 (7) "Garbage" has the meaning assigned by Section
1-45 361.003.
1-46 (8) "Rubbish" has the meaning assigned by Section
1-47 361.003.
1-48 SECTION 2. Chapter 364, Health and Safety Code, is amended
1-49 by adding Subchapter E to read as follows:
1-50 SUBCHAPTER E. GARBAGE AND RUBBISH COLLECTION
1-51 SYSTEMS AND CONTRACTS IN CERTAIN COUNTIES
1-52 Sec. 364.071. GARBAGE AND RUBBISH COLLECTION SERVICE.
1-53 (a) In a county with a population of 50,000 or more, a
1-54 commissioners court of a county that borders Mexico may acquire,
1-55 construct, or operate a garbage and rubbish collection service to
1-56 provide garbage and rubbish collection, transportation, handling,
1-57 storage, or disposal services to persons in the unincorporated area
1-58 of the county.
1-59 (b) In providing the services, the county may:
1-60 (1) require the use of the service by persons in the
1-61 unincorporated area;
1-62 (2) charge a fee for the service; and
1-63 (3) establish the service as a utility separate from
1-64 other utilities.
1-65 (c) In providing the service, a county may not:
1-66 (1) affect or disrupt the preexisting or subsequent
1-67 contractual relationship between a residence or a residential
1-68 neighborhood association and a nonpublicly owned provider of waste
2-1 collection services; or
2-2 (2) affect or disrupt the preexisting or subsequent
2-3 contractual relationship between a commercial or industrial waste
2-4 generator and a nonpublicly owned provider of waste services.
2-5 (d) No person shall be prevented from recovering or
2-6 diverting materials from the solid waste stream for purposes of
2-7 reuse, recycling, or reclamation or from selling, delivering, or
2-8 conveying such materials to any third party.
2-9 Sec. 364.072. CONTRACT WITH PUBLIC OR PRIVATE ENTITY.
2-10 (a) The commissioners court may provide the service by using
2-11 county employees or by contracting with another public or private
2-12 entity to perform the services or a portion of the services.
2-13 (b) The award of a contract under this section shall be made
2-14 in accordance with the county's competitive bidding process under
2-15 Subchapter C, Chapter 262, Local Government Code.
2-16 (c) The commissioners court may, in determining the award of
2-17 a contract, give preference to a person who is domiciled or located
2-18 in the county and who has previously furnished garbage and rubbish
2-19 collection services or a portion of the services in the county.
2-20 The commissioners court may also consider the kind and quality of
2-21 the services previously furnished.
2-22 Sec. 364.073. COLLECTION OF SERVICE FEE. (a) A fee for a
2-23 service provided under this section may be collected by:
2-24 (1) the county;
2-25 (2) the private or public entity that contracts with
2-26 the county for the provision of the service; or
2-27 (3) another public or private utility that enters into
2-28 a collection contract under this section.
2-29 (b) A county may enter into a collection contract with
2-30 another public or private utility to collect a fee due under this
2-31 section. The contract shall:
2-32 (1) require the billing of the garbage and rubbish
2-33 service fee within the bill for other utility services;
2-34 (2) allow a fee to be paid to the utility for
2-35 collecting and billing the garbage and rubbish service fee;
2-36 (3) require a system of accounting for fees collected;
2-37 and
2-38 (4) contain other terms as agreed to by the parties.
2-39 Sec. 364.074. CONNECTION, DISCONNECTION, AND SUSPENSION OF
2-40 SERVICES. (a) A county may not require a customer to pay for
2-41 garbage and rubbish collection service previously furnished to
2-42 another customer at the same service connection as a condition of
2-43 connecting or continuing service.
2-44 (b) A county may not require a customer's bill for service
2-45 to be guaranteed by a third party as a condition of connecting or
2-46 continuing service.
2-47 (c) A county may require varying service deposits for
2-48 customers as it considers appropriate in each case.
2-49 (d) To aid enforcement of fee collection for the garbage and
2-50 rubbish collection service:
2-51 (1) a county or the public or private entity that
2-52 provides the service may suspend service to a person who is
2-53 delinquent in payment of a garbage and rubbish collection service
2-54 fee until the delinquent claim is fully paid; and
2-55 (2) a public or private utility that bills and
2-56 collects the service fee under Section 364.073 may suspend service
2-57 of that utility, in addition to the suspension of garbage and
2-58 rubbish collection, to a person who is delinquent in payment of the
2-59 service fee until the delinquent claim is fully paid.
2-60 SECTION 3. This Act takes effect January 1, 1994.
2-61 SECTION 4. The importance of this legislation and the
2-62 crowded condition of the calendars in both houses create an
2-63 emergency and an imperative public necessity that the
2-64 constitutional rule requiring bills to be read on three several
2-65 days in each house be suspended, and this rule is hereby suspended.
2-66 * * * * *
2-67 Austin,
2-68 Texas
2-69 May 26, 1993
2-70 Hon. Bob Bullock
3-1 President of the Senate
3-2 Sir:
3-3 We, your Committee on Intergovernmental Relations to which was
3-4 referred H.B. No. 1673, have had the same under consideration, and
3-5 I am instructed to report it back to the Senate with the
3-6 recommendation that it do pass, as amended, and be printed.
3-7 Armbrister,
3-8 Chairman
3-9 * * * * *
3-10 WITNESSES
3-11 FOR AGAINST ON
3-12 ___________________________________________________________________
3-13 Name: Ralph Romins x
3-14 Representing: Tx Irrigation Council
3-15 City: Round Rock
3-16 -------------------------------------------------------------------
3-17 Name: J. Edgar Ruiz x
3-18 Representing: County Judge Hidalgo Co
3-19 City: Edinburg
3-20 -------------------------------------------------------------------
3-21 Name: Carlos Leal x
3-22 Representing: ABC Waste Collection
3-23 City: Mission
3-24 -------------------------------------------------------------------
3-25 Name: Daniel Acevedo x
3-26 Representing: A & A Waste Disposal
3-27 City: Mission
3-28 -------------------------------------------------------------------