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.