BILL ANALYSIS S.B. 1371 By: Wentworth Natural Resources 03-30-95 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 As proposed, S.B. 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, as follows: Sec. 364.031. PUBLIC AGENCY CONTRACTS. (a) Authorizes a public agency to contract with another public agency or private contractor, rather than a county, for solid waste disposal and collection. Makes conforming changes. (b) 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. Makes conforming changes. (c) and (d) Make conforming changes. 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.