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A BILL TO BE ENTITLED
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AN ACT
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relating to a public agency's, county's, or municipality's |
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authority to enforce a solid waste collection and transportation |
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services franchise. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 364.034, Health and Safety Code, is |
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amended by amending Subsection (e) and adding Subsection (f) to |
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read as follows: |
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(e) This section does not apply to a person who provides the |
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public or private entity, public agency, or county with written |
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documentation that the person is receiving solid waste disposal |
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services from another entity. Except as provided by Subsection |
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(f), nothing [Nothing] in this section shall limit the authority of |
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a municipality to enforce its grant of a franchise for solid waste |
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collection and transportation services within its territory. |
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(f) Notwithstanding Subsections (a)-(e), a political |
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subdivision, including a county or a municipality, may not restrict |
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the right of an entity to contract with a licensed waste hauler for |
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the collection and removal of domestic septage or of grease trap |
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waste, grit trap waste, lint trap waste, or sand trap waste. |
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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. |