By Flores H.B. No. 3585
76R7024 SMH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a restriction on the provision of solid waste
1-3 management services in certain parts of the border region.
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 adding Section 363.1135 to read as follows:
1-7 Sec. 363.1135. RESTRICTION ON PROVISION OF SOLID WASTE
1-8 MANAGEMENT SERVICES IN CERTAIN PARTS OF BORDER REGION. (a) This
1-9 section applies only to a municipality located in a county that:
1-10 (1) is located within 50 miles of an international
1-11 border;
1-12 (2) has a per capita income that averaged 25 percent
1-13 below the state average for the most recent three consecutive years
1-14 for which statistics are available; and
1-15 (3) has an unemployment rate that averaged 25 percent
1-16 above the state average for the most recent three consecutive years
1-17 for which statistics are available.
1-18 (b) Until the fourth anniversary of the date an area is
1-19 included within the municipality as a result of incorporation,
1-20 annexation, consolidation, or another procedure, a municipality
1-21 may not:
1-22 (1) prohibit the collection of solid waste in the area
1-23 by a privately owned solid waste management service provider;
1-24 (2) cause a privately owned solid waste management
2-1 service provider to cease providing services to a customer in the
2-2 area without compensating the service provider for the loss of the
2-3 fair market value of the customer; or
2-4 (3) provide solid waste management services in the
2-5 area to a person who has access to solid waste management services
2-6 by another public agency or a privately owned solid waste
2-7 management service provider.
2-8 (c) For purposes of Subsection (b)(2), the fair market value
2-9 of a customer is the amount of revenue the privately owned solid
2-10 waste management service provider would have collected from the
2-11 customer from the date the municipality caused the privately owned
2-12 solid waste management service provider to cease providing services
2-13 until the fourth anniversary of the date the area was included in
2-14 the municipality had the customer continued to be a customer of the
2-15 privately owned solid waste management service provider during that
2-16 period.
2-17 SECTION 2. This Act takes effect September 1, 1999.
2-18 SECTION 3. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.