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.
1-55 * * * * *