SRC-MWN S.B. 352 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 352
77R649 MI-DBy: Truan
Natural Resources
2/5/2001
As Filed


DIGEST AND PURPOSE 

Currently, Texas law provides counties the authority to offer and require
solid waste services, and permits them to collect fees for the service, but
does not provide an effective enforcement mechanism to compel payment. As
proposed, S.B. 352 permits a county to contract with a private or public
entity, including a public utility to collect solid waste fees. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 364.034, Health and Safety Code, as follows:

Sec. 364.034. New heading: SOLID WASTE DISPOSAL SERVICE; FEES. Authorizes a
fee for a service provided under this section to be collected by certain
entities. Authorizes a county to contract with a public or private utility
to collect a fee for a service provided under this section. Authorizes the
contract to require the billing of the fee within the bill for other
utility services; allow a fee to be paid to the utility for billing and
collecting the fee; require a system of accounting for fees collected by an
entity other than the county; and contain other terms as agreed to by the
parties. Authorizes a county, rather than a public agency, or the public or
private entity that has contracted with the county to provide the service,
to aid enforcement of fee collection for the solid waste disposal service,
to suspend service to a person who is delinquent in payment of solid waste
disposal service fees until the delinquent claim is fully paid. Authorizes
a public or private utility that bills and collects solid waste disposal
service fees under this section to suspend service of that utility, in
addition to the suspension of solid waste disposal service, to a person who
is delinquent in the payment of the solid waste disposal service fee until
the delinquent claim is fully paid. 

SECTION 2. Effective date: January 1, 2002.