1-1 By: Wentworth S.B. No. 1371
1-2 (In the Senate - Filed March 13, 1995; March 20, 1995, read
1-3 first time and referred to Committee on Natural Resources;
1-4 March 28, 1995, reported favorably by the following vote: Yeas 11,
1-5 Nays 0; March 28, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the authority of certain political subdivisions to
1-9 contract for solid waste services.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 364.031, Health and Safety Code, is
1-12 amended to read as follows:
1-13 Sec. 364.031. Public Agency Contracts. (a) A public agency
1-14 may contract with another public agency or a private contractor <a
1-15 county> for the other public agency or private contractor <county>
1-16 to:
1-17 (1) make all or part of a solid waste disposal system
1-18 available to a public agency, a group of public agencies, or other
1-19 persons; and
1-20 (2) furnish solid waste collection, transportation,
1-21 handling, storage, or disposal services through the other public
1-22 agency's or private contractor's <county's> system.
1-23 (b) The contract may:
1-24 (1) be for the duration agreed on by the parties;
1-25 (2) provide that the contract remains in effect until
1-26 bonds issued or to be issued by either public agency <the county>
1-27 and refunding bonds issued for those original bonds are paid;
1-28 (3) contain provisions to assure equitable treatment
1-29 of parties who contract with the other public agency or private
1-30 contractor <county> for solid waste collection, transportation,
1-31 handling, storage, or disposal services from the same solid waste
1-32 disposal system;
1-33 (4) provide for the sale or lease to or use by the
1-34 other public agency or private contractor <county> of a solid waste
1-35 disposal system owned or to be acquired by the public agency;
1-36 (5) provide that the other public agency or private
1-37 contractor <county> will operate a solid waste disposal system
1-38 owned or to be acquired by the public agency;
1-39 (6) provide that the public agency is entitled to
1-40 continued performance of services after the amortization of the
1-41 other public agency's or private contractor's <county's> investment
1-42 in the disposal system during the useful life of the system on
1-43 payment of reasonable charges, reduced to take into consideration
1-44 the amortization; and
1-45 (7) contain any other provisions and requirements the
1-46 other public agency or private contractor <county> and the public
1-47 agency determine to be appropriate or necessary.
1-48 (c) The contract must provide the method to determine the
1-49 amount the public agency will pay to the other public agency or
1-50 private contractor <county>.
1-51 (d) A municipality may provide in its contract that the
1-52 other public agency or private contractor <county> has the right to
1-53 use the streets, alleys, and public ways and places in the
1-54 municipality during the term of the contract.
1-55 SECTION 2. A contract between a municipality and another
1-56 public agency or private contractor entered into before the
1-57 effective date of this Act in reliance on the authority of a
1-58 municipality to contract for collection, transportation, handling,
1-59 storage, or disposal of solid waste is validated to the extent of
1-60 the authority of the municipality to so contract.
1-61 SECTION 3. The importance of this legislation and the
1-62 crowded condition of the calendars in both houses create an
1-63 emergency and an imperative public necessity that the
1-64 constitutional rule requiring bills to be read on three several
1-65 days in each house be suspended, and this rule is hereby suspended,
1-66 and that this Act take effect and be in force from and after its
1-67 passage, and it is so enacted.
1-68 * * * * *