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.