1-1 By: Truan, Shapleigh S.B. No. 352
1-2 (In the Senate - Filed January 23, 2001; January 24, 2001,
1-3 read first time and referred to Committee on Natural Resources;
1-4 February 28, 2001, reported favorably by the following vote: Yeas
1-5 6, Nays 0; February 28, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the collection of solid waste disposal service fees by
1-9 a county or by certain public or private entities contracting with
1-10 a county.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 364.034, Health and Safety Code, is
1-13 amended to read as follows:
1-14 Sec. 364.034. SOLID WASTE DISPOSAL SERVICE; FEES. (a) A
1-15 public agency or a county may:
1-16 (1) offer solid waste disposal service to persons in
1-17 its territory;
1-18 (2) require the use of the service by those persons;
1-19 (3) charge fees for the service; and
1-20 (4) establish the service as a utility separate from
1-21 other utilities in its territory.
1-22 (b) A fee for a service provided under this section may be
1-23 collected by:
1-24 (1) the county;
1-25 (2) a private or public entity that contracts with the
1-26 county to provide the service; or
1-27 (3) another private or public entity that contracts
1-28 with the county to collect the fees.
1-29 (c) A county may contract with a public or private utility
1-30 to collect a fee for a service provided under this section. The
1-31 contract may:
1-32 (1) require the billing of the fee within the bill for
1-33 other utility services;
1-34 (2) allow a fee to be paid to the utility for billing
1-35 and collecting the fee;
1-36 (3) require a system of accounting for fees collected
1-37 by an entity other than the county; and
1-38 (4) contain other terms as agreed to by the parties.
1-39 (d) To aid enforcement of fee collection for the solid waste
1-40 disposal service:
1-41 (1) [,] a [public agency or] county or the public or
1-42 private entity that has contracted with the county to provide the
1-43 service may suspend service to a person who is delinquent in
1-44 payment of solid waste disposal service fees until the delinquent
1-45 claim is fully paid; and
1-46 (2) a public or private utility that bills and
1-47 collects solid waste disposal service fees under this section may
1-48 suspend service of that utility, in addition to the suspension of
1-49 solid waste disposal service, to a person who is delinquent in the
1-50 payment of the solid waste disposal service fee until the
1-51 delinquent claim is fully paid.
1-52 SECTION 2. This Act takes effect January 1, 2002.
1-53 * * * * *