By: Swinford (Senate Sponsor - Bivins) H.B. No. 2036
(In the Senate - Received from the House April 28, 2003;
May 1, 2003, read first time and referred to Committee on
Intergovernmental Relations; May 22, 2003, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 5,
Nays 0; May 22, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2036 By: Wentworth
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, or county with written
documentation that the person is receiving solid waste disposal
services from another entity. Nothing in this section shall 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. 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.
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