By: Bonnen H.B. No. 1251
 
A BILL TO BE ENTITLED
AN ACT
relating to a public agency's, county's, or municipality's
authority to grant or enforce certain solid waste collection and
transportation services franchises.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 363.116, Health and Safety Code, is
amended by adding Subsections (c) and (d) to read as follows:
       (c)  Notwithstanding Subsection (a), a public agency may
enter into a contract for an exclusive franchise for the collection
and removal of grease trap waste or grit trap waste only after a
competitive bidding process. A public agency shall consider as the
primary factor in awarding a contract under this subsection the
bidder's ability to provide the collection and removal services at
the lowest cost to the generator of the grease trap waste or grit
trap waste.
       (d)  A public agency may not restrict the right of an entity
to contract with a licensed waste hauler for the collection and
removal of domestic septage or of grease trap waste, grit trap
waste, lint trap waste, or sand trap waste.
       SECTION 2.  Section 364.034, Health and Safety Code, is
amended by amending Subsection (e) and adding Subsections (f) and
(g) 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. Except as provided by Subsection
(f), nothing [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.
       (f)  Notwithstanding Subsections (a)-(e), a political
subdivision, including a county or a municipality, may not restrict
the right of an entity to contract with a licensed waste hauler for
the collection and removal of domestic septage or of grease trap
waste, grit trap waste, lint trap waste, or sand trap waste.
       (g)  A public agency may enter into a contract for an
exclusive franchise for the collection and removal of grease trap
waste or grit trap waste only after a competitive bidding process.
A public agency shall consider as the primary factor in awarding a
contract under this subsection the bidder's ability to provide the
collection and removal services at the lowest cost to the generator
of the grease trap waste or grit trap waste.
       SECTION 3.  Subchapter C, Chapter 364, Health and Safety
Code, is amended by adding Section 364.0341 to read as follows:
       Sec. 364.0341.  SERVICES IN UNINCORPORATED AREAS OF CERTAIN
COUNTIES. (a) In order to help provide for the public health and
safety of its citizens and in order to help deter the dumping of
litter, garbage, refuse, building materials, and other matter on
state-owned public beaches and adjoining sand dunes, the
commissioners court of a county bordering both on the shoreline of
the Gulf of Mexico or its tidewater limits and on the shoreline of
Galveston Bay or its tidewater limits by order may:
             (1)  grant an exclusive franchise for solid waste
collection and transportation services within unincorporated areas
of the county to a legal entity engaged in providing solid waste
disposal services;
             (2)  offer solid waste disposal service to persons in
the unincorporated areas of the county;
             (3)  mandate the use of the service by persons in the
unincorporated areas of the county;
             (4)  charge fees for the service; and
             (5)  establish the service as a utility separate from
other utilities located in the unincorporated areas of the county.
       (b)  A fee for a service provided under this section may be
collected by:
             (1)  the county;
             (2)  a private or public utility that contracts with
the county to provide the service; or
             (3)  another private or public entity that contracts
with the county to collect the fees.
       (c)  A county may contract with a public or private utility
to collect a fee for a service provided under this section. The
contract may:
             (1)  require that the fee for the service be included in
the bill for other utility services;
             (2)  allow a fee to be paid to the utility for billing
and collecting the fee;
             (3)  require a system of accounting for fees collected
by an entity other than the county; and
             (4)  contain other terms as agreed to by the parties.
       (d)  To aid enforcement of the fee collection for the solid
waste disposal service:
             (1)  a county or the public or private entity that has
contracted with the county to provide the service may suspend
service to a person who is delinquent in payment of solid waste
disposal service fees until the delinquent claim is fully paid; and
             (2)  a public or private utility that bills and
collects solid waste disposal service fees under this section may
suspend service of that utility, in addition to the suspension of
solid waste disposal services, to a person who is delinquent in the
payment of the solid waste disposal service fee until the
delinquent claim is fully paid.
       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, 2007.