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.
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