1-1                                   AN ACT
 1-2     relating to the collection of solid waste disposal service fees by
 1-3     a county or by certain public or private entities contracting with
 1-4     a county.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 364.034, Health and Safety Code, is
 1-7     amended to read as follows:
 1-8           Sec. 364.034.  SOLID WASTE DISPOSAL SERVICE; FEES.  (a)  A
 1-9     public agency or a county may:
1-10                 (1)  offer solid waste disposal service to persons in
1-11     its territory;
1-12                 (2)  require the use of the service by those persons;
1-13                 (3)  charge fees for the service; and
1-14                 (4)  establish the service as a utility separate from
1-15     other utilities in its territory.
1-16           (b)  A fee for a service provided under this section may be
1-17     collected by:
1-18                 (1)  the county;
1-19                 (2)  a private or public entity that contracts with the
1-20     county to provide the service; or
1-21                 (3)  another private or public entity that contracts
1-22     with the county to collect the fees.
1-23           (c)  A county may contract with a public or private utility
1-24     to collect a fee for a service provided under this section.  The
1-25     contract may:
 2-1                 (1)  require the billing of the fee within the bill for
 2-2     other utility services;
 2-3                 (2)  allow a fee to be paid to the utility for billing
 2-4     and collecting the fee;
 2-5                 (3)  require a system of accounting for fees collected
 2-6     by an entity other than the county; and
 2-7                 (4)  contain other terms as agreed to by the parties.
 2-8           (d)  To aid enforcement of fee collection for the solid waste
 2-9     disposal service:
2-10                 (1) [,]  a [public agency or] county or the public or
2-11     private entity that has contracted with the county to provide the
2-12     service may suspend service to a person who is delinquent in
2-13     payment of solid waste disposal service fees until the delinquent
2-14     claim is fully paid; and
2-15                 (2)  a public or private utility that bills and
2-16     collects  solid waste disposal service fees under this section may
2-17     suspend service of that utility, in addition to the suspension of
2-18     solid waste disposal service, to a person who is delinquent in the
2-19     payment of the solid waste disposal service fee until the
2-20     delinquent claim is fully paid.
2-21           (e)  This section does not apply to a person who provides the
2-22     public or private entity, public agency, or county with written
2-23     documentation that the person is receiving solid waste disposal
2-24     services from another entity.
2-25           SECTION 2.  This Act takes effect January 1, 2002.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 352 passed the Senate on
         March 5, 2001, by a viva-voce vote; and that the Senate concurred
         in House amendment on May 24, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 352 passed the House, with
         amendment, on May 17, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor