SRC-VRA C.S.H.B. 2036 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 2036
By: Swinford (Bivins)
Intergovernmental Relations
5/21/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Cities lose significant revenue when customers move to another city and
fail to pay owed utility bills to their original city.  Revenue losses are
most prevalent in water and sewer services. C.S.H.B. 2036 authorizes
cities and other public entities to work cooperatively to recover lost
revenue by collecting unpaid utility charges or solid waste services
disposal fees. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter Z, Chapter 402, Local Government Code, by
adding Section 402.910, as follows: 
 
Sec. 402.910.  AGREEMENTS WITH OTHER POLITICAL SUBDIVISIONS FOR COLLECTION
OF PAST DUE UTILITY OR SOLID WASTE DISPOSAL SERVICE FEES.  (a)  Authorizes
a municipality that operates a utility system, as defined by Section
402.001, or provides solid waste disposal services to enter an agreement
for the collection of unpaid utility charges or solid waste disposal
services fees with certain entities. 
  
(b)  Authorizes the agreement to provide that a municipality is authorized
to perform certain tasks. 
  
  (c)  Requires the agreement to provide for certain conditions to be met.
SECTION 2.  Amends Section 364.034(e), Health and Safety Code, to require
nothing in this section to limit the authority of a municipality to
enforce its grant of a franchise for solid waste collection and
transportation services within its territory. 
 
SECTION 3.  Amends Subchapter C, Chapter 364, Health and Safety Code, by
adding Section 364.037, as follows: 
 
Sec. 364.037.  AGREEMENTS WITH OTHER POLITICAL SUBDIVISIONS FOR COLLECTION
OF PAST DUE UTILITY OR SOLID WASTE DISPOSAL SERVICES FEES.  (a)
Authorizes a county or public agency that offers solid waste disposal
services under this subchapter to enter an agreement for the collection of
unpaid utility or solid waste disposal services fees with certain
entities. 
  
(b)  Authorizes the agreement to provide that a county or public agency is
authorized to perform certain tasks. 
  
  (c)  Requires the agreement to provide for certain conditions to be met.

SECTION 4. Effective date:  upon passage or September 1, 2003.