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.