Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Kuempel H.B. No. 2726
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of solid waste collection services in
1-3 certain areas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter F, Chapter 363, Health and Safety
1-6 Code, is amended by amending Section. 363.113 to read as follows:
1-7 Sec. 363.113. ESTABLISHMENT OF SOLID WASTE MANAGEMENT
1-8 SERVICES. (a) Each county with a population of more than 30,000
1-9 and each municipality shall review the provision of solid waste
1-10 management services in its jurisdiction and shall assure that those
1-11 services are provided to all persons in its jurisdiction by a
1-12 public agency or private person.
1-13 (b) For purposes of this section, "new area" means an area
1-14 brought into the corporate limits of a municipality as the result
1-15 of an incorporation, annexation, consolidation or other procedure.
1-16 (c) A municipality may not prohibit the collection of solid
1-17 waste by a privately owned solid waste management service provider
1-18 in a new area for four years after the date the area is brought
1-19 into the corporate limits of the municipality.
1-20 (d) A municipality may not cause a privately owned solid
1-21 waste management service provider to cease providing services to a
1-22 customer in the new area for four years after the area is brought
1-23 into the corporate limits of the municipality without compensating
1-24 the service provider for the loss of the fair market value of the
2-1 customer. The fair market value for each customer shall be equal
2-2 to the amount of revenue due to be collected from that customer
2-3 over the remaining time in the four year period described in
2-4 subsection (c).
2-5 (e) A municipality may only provide solid waste management
2-6 services in the new area to persons that do not have solid waste
2-7 management services available to them by a public agency or
2-8 privately owned solid waste management service provider during that
2-9 four year period.
2-10 SECTION 2. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended,
2-15 and that this Act take effect and be in force from and after its
2-16 passage, and it is so enacted.