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.