By: Lucio S.B. No. 918
73R4969 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to garbage and rubbish collection by a county.
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
1-14 Sec. 364.071. GARBAGE AND RUBBISH COLLECTION SERVICE. (a)
1-15 A commissioners court of a county may acquire, construct, or
1-16 operate a garbage and rubbish collection service to provide garbage
1-17 and rubbish collection, transportation, handling, storage, or
1-18 disposal services to persons in the unincorporated area of the
1-19 county.
1-20 (b) In providing the services, the county may:
1-21 (1) require the use of the service by persons in the
1-22 unincorporated area;
1-23 (2) charge a fee for the service; and
1-24 (3) establish the service as a utility separate from
2-1 other utilities.
2-2 Sec. 364.072. CONTRACT WITH PUBLIC OR PRIVATE ENTITY. (a)
2-3 The commissioners court may provide the service by using county
2-4 employees or by contracting with another public or private entity
2-5 to perform the services or a portion of the services.
2-6 (b) The award of a contract under this section shall be made
2-7 in accordance with the county's competitive bidding process under
2-8 Subchapter C, Chapter 262, Local Government Code.
2-9 Sec. 364.073. COLLECTION OF SERVICE FEE. (a) A fee for a
2-10 service provided under this section may be collected by:
2-11 (1) the county;
2-12 (2) the private or public entity that contracts with
2-13 the county for the provision of the service; or
2-14 (3) another public or private utility that enters into
2-15 a collection contract under this section.
2-16 (b) A county may enter into a collection contract with
2-17 another public or private utility to collect a fee due under this
2-18 section. The contract shall:
2-19 (1) require the billing of the garbage and rubbish
2-20 service fee within the bill for other utility services;
2-21 (2) allow a fee to be paid to the utility for
2-22 collecting and billing the garbage and rubbish service fee;
2-23 (3) require a system of accounting for fees collected;
2-24 and
2-25 (4) contain other terms as agreed to by the parties.
2-26 Sec. 364.074. CONNECTION, DISCONNECTION, AND SUSPENSION OF
2-27 SERVICES. (a) A county may not require a customer to pay for
3-1 garbage and rubbish collection service previously furnished to
3-2 another customer at the same service connection as a condition of
3-3 connecting or continuing service.
3-4 (b) A county may not require a customer's bill for service
3-5 to be guaranteed by a third party as a condition of connecting or
3-6 continuing service.
3-7 (c) A county may require varying service deposits for
3-8 customers as it considers appropriate in each case.
3-9 (d) To aid enforcement of fee collection for the garbage and
3-10 rubbish collection service:
3-11 (1) a county or the public or private entity that
3-12 provides the service may suspend service to a person who is
3-13 delinquent in payment of a garbage and rubbish collection service
3-14 fee until the delinquent claim is fully paid; and
3-15 (2) a public or private utility that bills and
3-16 collects the service fee under Section 364.073 may suspend service
3-17 of that utility, in addition to the suspension of garbage and
3-18 rubbish collection, to a person who is delinquent in payment of the
3-19 service fee until the delinquent claim is fully paid.
3-20 SECTION 3. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended,
3-25 and that this Act take effect and be in force from and after its
3-26 passage, and it is so enacted.