By: Shapleigh S.B. No. 1589

(In the Senate - Filed March 8, 2007; March 21, 2007, read first time and referred to Committee on Natural Resources; April 30, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 10, Nays 0; April 30, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1589 By: Seliger

A BILL TO BE ENTITLED

AN ACT

relating to municipal and county authority to enforce a solid waste collection and transportation services franchise; providing a penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 364.011, Health and Safety Code, is amended by adding Subsection (e) to read as follows:

(e) A violation of a rule adopted under this section is a Class C misdemeanor punishable by a fine in an amount not to exceed $200. Each day of a continuing violation constitutes a separate offense.

SECTION 2. Section 364.034, Health and Safety Code, is amended by amending Subsection (e) and adding Subsection (f) 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 or county to enforce its grant of a franchise for solid waste collection and transportation services within its territory.

(f) A person who is receiving solid waste disposal services at the same level or a higher level of services as the otherwise required services under a written contract that is in effect on the date a requirement under this section is adopted is exempt from the requirement. To qualify for the exemption provided by this subsection, the person must provide to the public agency or county written documentation acceptable to that agency or county not later than the 30th day before the date the otherwise required services are scheduled to begin. The exemption is effective only until the date the term of that contract expires according to the terms of that contract as provided on the date the requirement is adopted. This subsection does not exempt from the adopted requirement a person whose contract is extended, by option or otherwise, after the date the requirement is adopted. The person who provides solid waste disposal services to a person who qualifies for the exemption shall notify the public agency or county that the services under the contract have stopped not later than the 15th day after the date those services are stopped for any reason.

SECTION 3. This Act takes effect September 1, 2007.

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