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.