By: Oakley H.B. No. 2071 73R5430 CAG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a garbage and rubbish collection service in a county 1-3 with a population of 100,000 or less. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 364.003, Health and Safety Code, is 1-6 amended by adding Subdivisions (7) and (8) to read as follows: 1-7 (7) "Garbage" has the meaning assigned by Section 1-8 361.003. 1-9 (8) "Rubbish" has the meaning assigned by Section 1-10 361.003. 1-11 SECTION 2. Chapter 364, Health and Safety Code, is amended 1-12 by adding Subchapter E to read as follows: 1-13 SUBCHAPTER E. GARBAGE AND RUBBISH COLLECTION 1-14 SYSTEMS AND CONTRACTS 1-15 Sec. 364.071. GARBAGE AND RUBBISH COLLECTION. (a) A 1-16 commissioners court of a county with a population of 100,000 or 1-17 less may acquire, construct, or operate a garbage and rubbish 1-18 collection service to provide garbage and rubbish collection, 1-19 transportation, handling, storage, or disposal services to persons 1-20 in the unincorporated area of the 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) A county may suspend service to a person who is 2-4 delinquent in payment of the garbage and rubbish service fee until 2-5 the delinquent claim is fully paid. 2-6 (d) A county may enter into a contract with another public 2-7 or private entity for the operation of a garbage and rubbish 2-8 collection service in all or part of the unincorporated area. 2-9 SECTION 3. The importance of this legislation and the 2-10 crowded condition of the calendars in both houses create an 2-11 emergency and an imperative public necessity that the 2-12 constitutional rule requiring bills to be read on three several 2-13 days in each house be suspended, and this rule is hereby suspended, 2-14 and that this Act take effect and be in force from and after its 2-15 passage, and it is so enacted.