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78R12139 E


By:  Swinford                                                     H.B. No. 2036

Substitute the following for H.B. No. 2036:                                   

By:  Swinford                                                 C.S.H.B. No. 2036



A BILL TO BE ENTITLED

AN ACT

relating to allowing certain political subdivisions to enter 
agreements with other political subdivisions for the collection of 
past due amounts for certain utility or waste disposal services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter Z, Chapter 402, Local Government 
Code, is amended by adding Section 402.910 to read as follows:
	Sec. 402.910.  AGREEMENTS WITH OTHER POLITICAL SUBDIVISIONS 
FOR COLLECTION OF PAST DUE UTILITY OR SOLID WASTE DISPOSAL SERVICE 
FEES.  (a)  A municipality that operates a utility system, as 
defined by Section 402.001, or provides solid waste disposal 
services may enter an agreement for the collection of unpaid 
utility charges or solid waste disposal services fees with:
		(1)  another municipality that operates a utility 
system;            
		(2)  a county or public agency that provides solid 
waste disposal services; or
		(3)  another political subdivision acting on behalf of 
a municipality, county, or public agency to assist in the 
collection of unpaid utility charges or solid waste disposal fees.
	(b)  The agreement may provide that a municipality:                     
		(1)  may refuse to provide utility service to a person 
if the person is past due on utility charges or solid waste disposal 
services fees owed to another party to the agreement; or
		(2)  may collect an amount equal to the past due utility 
charges or solid waste disposal services fees owed to another party 
to the agreement plus a service charge and provide the utility 
service the person requests.
	(c)  The agreement shall provide for:                                   
		(1)  the confidentiality of a person's utility or solid 
waste disposal account information and the prevention of disclosure 
to a person or other entity that is not a party to the agreement; and
		(2)  the apportionment of any past due charges, fees, 
and service charges authorized by Subsection (b)(2) between the 
collecting entity and the entity to which the fees are owed.
	SECTION 2.  Section 364.034(e), Health and Safety Code, is 
amended to read as follows:
	(e)  This section does not apply to a person who provides the 
public or private entity, public agency other than a municipality, 
or county with written documentation that the person is receiving 
solid waste disposal services from another entity.  Nothing in this 
subsection shall limit the authority of a municipality under 
Section 364.031 or this section to contract with another public 
agency, private contractor for the other public agency, or private 
contractor to provide all or some solid waste disposal services to 
persons in its territory.
	SECTION 3.  Subchapter C, Chapter 364, Health and Safety 
Code, is amended by adding Section 364.037 to read as follows:
	Sec. 364.037.  AGREEMENTS WITH OTHER POLITICAL SUBDIVISIONS 
FOR COLLECTION OF PAST DUE UTILITY OR SOLID WASTE DISPOSAL SERVICES 
FEES.  (a)  A county or public agency that offers solid waste 
disposal services under this subchapter may enter an agreement for 
the collection of unpaid utility or solid waste disposal services 
fees with:
		(1)  another county or public agency that provides 
solid waste disposal services under this subchapter;
		(2)  a municipality that operates a utility system, as 
defined by Section 402.001, Local Government Code; or
		(3)  another political subdivision acting on behalf of 
a municipality, county, or public agency to assist in the 
collection of unpaid utility charges or solid waste disposal fees.
	(b)  The agreement may provide that a county or public 
agency:        
		(1)  may refuse to provide solid waste disposal 
services to a person if the person is past due on utility charges or 
solid waste disposal services fees owed to another party to the 
agreement; or
		(2)  may collect an amount equal to the past due utility 
charges or solid waste disposal services fees owed to another party 
to the agreement plus a service charge and provide the solid waste 
disposal services the person requests.
	(c)  The agreement shall provide for:                                   
		(1)  the confidentiality  of a person's utility or solid 
waste disposal account information and the prevention of disclosure 
to a person or other entity that is not a party to the agreement; and
		(2)  the apportionment of any past due charges, fees, 
and service charges authorized by Subsection (b)(2) between the 
collecting entity and the entity to which the fees are owed.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.