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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal and county authority to enforce a solid waste |
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collection and transportation services franchise; providing a |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 364.011, Health and Safety Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) A violation of a rule adopted under this section is a |
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Class C misdemeanor punishable by a fine in an amount not to exceed |
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$200. Each day of a continuing violation constitutes a separate |
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offense. |
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SECTION 2. 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
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the 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. Nothing in this section shall] limit |
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the authority of a municipality or county to enforce its grant of a |
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franchise for solid waste collection and transportation services |
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within its territory. |
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(f) A person who is receiving solid waste disposal services |
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at the same level or a higher level of services as the otherwise |
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required services under a written contract that is in effect on the |
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date a requirement under this section is adopted is exempt from the |
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requirement. To qualify for the exemption provided by this |
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subsection, the person must provide to the public agency or county |
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written documentation acceptable to that agency or county not later |
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than the 30th day before the date the otherwise required services |
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are scheduled to begin. The exemption is effective only until the |
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date the term of that contract expires according to the terms of |
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that contract as provided on the date the requirement is adopted. |
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This subsection does not exempt from the adopted requirement a |
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person whose contract is extended, by option or otherwise, after |
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the date the requirement is adopted. The person who provides solid |
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waste disposal services to a person who qualifies for the exemption |
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shall notify the public agency or county that the services under the |
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contract have stopped not later than the 15th day after the date |
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those services are stopped for any reason. |
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SECTION 3. This Act takes effect September 1, 2007. |