1-1     By:  Oliveira (Senate Sponsor - Truan)                 H.B. No. 987
 1-2           (In the Senate - Received from the House March 21, 2001;
 1-3     March 22, 2001, read first time and referred to Committee on
 1-4     Natural Resources; May 1, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 4, Nays 0;
 1-6     May 1, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 987               By:  Barrientos
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the collection of solid waste disposal service fees by
1-11     a county or by certain public or private entities contracting with
1-12     a county.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Section 364.034, Health and Safety Code, is
1-15     amended to read as follows:
1-16           Sec. 364.034.  SOLID WASTE DISPOSAL SERVICE; FEES.  (a)  A
1-17     public agency or a county may:
1-18                 (1)  offer solid waste disposal service to persons in
1-19     its territory;
1-20                 (2)  require the use of the service by those persons;
1-21                 (3)  charge fees for the service; and
1-22                 (4)  establish the service as a utility separate from
1-23     other utilities in its territory.
1-24           (b)  A fee for a service provided under this section may be
1-25     collected by:
1-26                 (1)  the county;
1-27                 (2)  a private or public entity that contracts with the
1-28     county to provide the service; or
1-29                 (3)  another private or public entity that contracts
1-30     with the county to collect the fees.
1-31           (c)  A county may contract with a public or private utility
1-32     to collect a fee for a service provided under this section.  The
1-33     contract may:
1-34                 (1)  require the billing of the fee within the bill for
1-35     other utility services;
1-36                 (2)  allow a fee to be paid to the utility for billing
1-37     and collecting the fee;
1-38                 (3)  require a system of accounting for fees collected
1-39     by an entity other than the county; and
1-40                 (4)  contain other terms as agreed by the parties.
1-41           (d)  To aid enforcement of fee collection for the solid waste
1-42     disposal service:
1-43                 (1) [,]  a [public agency or] county or the public or
1-44     private entity that has contracted with the county to provide the
1-45     service may suspend service to a person who is delinquent in
1-46     payment of solid waste disposal service fees until the delinquent
1-47     claim is fully paid; and
1-48                 (2)  a public or private utility that bills and
1-49     collects  solid waste disposal service fees under this section may
1-50     suspend service of that utility, in addition to the suspension of
1-51     solid waste disposal service, to a person who is delinquent in the
1-52     payment of the solid waste disposal service fee until the
1-53     delinquent claim is fully paid.
1-54           SECTION 2.  This Act takes effect January 1, 2002.
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