By Truan                                               S.B. No. 352
         77R649 MI-D                           
                                A BILL TO BE ENTITLED
 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
 2-1     contract may:
 2-2                 (1)  require the billing of the fee within the bill for
 2-3     other utility services;
 2-4                 (2)  allow a fee to be paid to the utility for billing
 2-5     and collecting the fee;
 2-6                 (3)  require a system of accounting for fees collected
 2-7     by an entity other than the county; and
 2-8                 (4)  contain other terms as agreed to by the parties.
 2-9           (d)  To aid enforcement of fee collection for the solid waste
2-10     disposal service:[,]
2-11                 (1)  a [public agency or] county or the public or
2-12     private entity that has contracted with the county to provide the
2-13     service may suspend service to a person who is delinquent in
2-14     payment of solid waste disposal service fees until the delinquent
2-15     claim is fully paid; and
2-16                 (2)  a public or private utility that bills and
2-17     collects  solid waste disposal service fees under this section may
2-18     suspend service of that utility, in addition to the suspension of
2-19     solid waste disposal service, to a person who is delinquent in the
2-20     payment of the solid waste disposal service fee until the
2-21     delinquent claim is fully paid.
2-22           SECTION 2. This Act takes effect January 1, 2002.