BILL ANALYSIS



S.B. 1371
By: Wentworth (Corte)
04-11-95
Committee Report (Unamended)


BACKGROUND

The Health and Safety Code provides that a public entity may offer
solid waste service and require the use of it by its citizens. 
Additional current laws have been interpreted to allow a general
law city to contract with a private solid waste company for
providing garbage collection service.  However, a recent court
decision held that a general law city is precluded from contracting
with a private entity for garbage collection.  This ruling affected
879 general law cities in Texas that contract private entities to
provide waste collection.

PURPOSE

SB 1371 authorizes a public agency to contract with another public
agency or private contractor for solid waste disposal and
collection; provides provisions for the contract.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 364.031, Health and Safety Code, to
authorize a public agency to contract with another public agency or
private contractor, rather than a county, for solid waste disposal
and collection.  Authorizes the contract, among other things, to
provide that it remains in effect until bonds issued or to be
issued by either public agency, rather than the county, are paid;
and refunding bonds issued for those original bonds are paid.  

SECTION 2. Provides that a contract between a municipality and
another public agency or private contractor entered into before the
effective date of this Act relying on the authority of a
municipality to contract for collection, transportation, handling,
storage, or disposal of solid waste is validated to the extent of
the municipality's authority to contract.

SECTION 3. Emergency clause.
           Effective date: upon passage.
 

SUMMARY OF COMMITTEE ACTION

The House Committee on Environmental Regulation considered SB 1371
in a public hearing on April 11, 1995.  The Chair recognized Rep.
Corte to explain the bill.  The following persons testified in
favor of the bill:
     Monte Akers, representing the Texas Municipal League
     Robert A. Miller, representing Waste Management of Texas
     L.J. Cott, with the City of Helotes, representing himself.
SB 1371 was reported favorably without amendment with the
recommendation that it do pass and be printed, by a record vote of
eight (8) ayes, no (0) nays, no (0) pnv, and one (1) absent.