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.