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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal authority to sell compost and mulch products. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.428, Health and Safety Code, is |
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amended by adding Subsection (f)-(i) to read as follows: |
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(f) A municipality may engage in the sale of compost or |
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mulch products only if they have previously adopted procedures to |
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apply compost or mulch to all city owned property where feasible. |
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(g) A municipality that is engaged in the sale of compost or |
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mulch may not charge a price that is lower than the average of the |
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prices offered by three private businesses to sell compost or mulch |
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to customers inside the corporate limits of the municipality. |
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(h) A municipality may not engage in the advertising or |
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marketing of compost or mulch to any person who resides or business |
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that operates outside the corporate limits of the municipality. |
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(i) Notwithstanding other law, this section does not |
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prohibit a municipality from offering compost or mulch free of |
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charge to residents of the municipality. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |