By Corte H.B. No. 2302
74R7807 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a public agency to contract for solid
1-3 waste services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 364.031, Texas Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 364.031. Public Agency Contracts. (a) A public agency
1-8 may contract with another public agency or a private contractor <a
1-9 county> for the other public agency or private contractor <county>
1-10 to:
1-11 (1) make all or part of a solid waste disposal system
1-12 available to a public agency, a group of public agencies, or other
1-13 persons; and
1-14 (2) furnish solid waste collection, transportation,
1-15 handling, storage, or disposal services through the other public
1-16 agency's or private contractor's <county's> system.
1-17 (b) The contract may:
1-18 (1) be for the duration agreed on by the parties;
1-19 (2) provide that the contract remains in effect until
1-20 bonds issued or to be issued by either public agency <the county>
1-21 and refunding bonds issued for those original bonds are paid;
1-22 (3) contain provisions to assure equitable treatment
1-23 of parties who contract with the other public agency or private
1-24 contractor <county> for solid waste collection, transportation,
2-1 handling, storage, or disposal services from the same solid waste
2-2 disposal system;
2-3 (4) provide for the sale or lease to or use by the
2-4 other public agency or private contractor <county> of a solid waste
2-5 disposal system owned or to be acquired by the public agency;
2-6 (5) provide that the other public agency or private
2-7 contractor <county> will operate a solid waste disposal system
2-8 owned or to be acquired by the public agency;
2-9 (6) provide that the public agency is entitled to
2-10 continued performance of services after the amortization of the
2-11 other public agency's or private contractor's <county's> investment
2-12 in the disposal system during the useful life of the system on
2-13 payment of reasonable charges, reduced to take into consideration
2-14 the amortization; and
2-15 (7) contain any other provisions and requirements the
2-16 parties <county and the public agency> determine to be appropriate
2-17 or necessary.
2-18 (c) The contract must provide the method to determine the
2-19 amount the public agency will pay to the other public agency or
2-20 private contractor <county>.
2-21 (d) A municipality may provide in its contract that the
2-22 public agency or private contractor <county> has the right to use
2-23 the streets, alleys, and public ways and places in the municipality
2-24 during the term of the contract.
2-25 (e) All contracts between municipalities and other public
2-26 agencies or private contractors entered into prior to the effective
2-27 date of this Act in reliance upon the authority of municipalities
3-1 to contract for collection, transportation, handling, storage, or
3-2 disposal of solid waste are hereby validated to the extent of the
3-3 authority of such municipalities to so contract.
3-4 SECTION 2. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended.