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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing counties bordering on the shorelines of |
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both the Gulf of Mexico and Galveston Bay to grant exclusive |
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franchises for solid waste disposal services in unincorporated |
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areas of the counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 364, Health and Safety |
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Code, is amended by adding Section 364.0341 to read as follows: |
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Sec. 364.0341. SERVICES IN UNINCORPORATED AREAS OF CERTAIN |
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COUNTIES. (a) In order to help provide for the public health and |
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safety of its citizens and in order to help deter the dumping of |
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litter, garbage, refuse, building materials, and other matter on |
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state-owned public beaches and adjoining sand dunes, the |
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commissioners court of a county bordering both on the shoreline of |
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the Gulf of Mexico or its tidewater limits and on the shoreline of |
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Galveston Bay or its tidewater limits by order may: |
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(1) grant an exclusive franchise for solid waste |
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collection and transportation services within unincorporated areas |
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of the county to a legal entity engaged in providing solid waste |
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disposal services; |
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(2) offer solid waste disposal service to persons in |
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the unincorporated areas of the county; |
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(3) mandate the use of the service by persons in the |
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unincorporated areas of the county; |
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(4) charge fees for the service; and |
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(5) establish the service as a utility separate from |
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other utilities located in the unincorporated areas of the county. |
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(b) A fee for a service provided under this section may be |
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collected by: |
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(1) the county; |
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(2) a private or public utility that contracts with |
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the county to provide the service; or |
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(3) another private or public entity that contracts |
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with the county to collect the fees. |
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(c) A county may contract with a public or private utility |
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to collect a fee for a service provided under this section. The |
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contract may: |
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(1) require that the fee for the service be included in |
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the bill for other utility services; |
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(2) allow a fee to be paid to the utility for billing |
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and collecting the fee; |
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(3) require a system of accounting for fees collected |
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by an entity other than the county; and |
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(4) contain other terms as agreed to by the parties. |
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(d) To aid enforcement of the fee collection for the solid |
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waste disposal service: |
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(1) a county or the public or private entity that has |
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contracted with the county to provide the service may suspend |
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service to a person who is delinquent in payment of solid waste |
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disposal service fees until the delinquent claim is fully paid; and |
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(2) a public or private utility that bills and |
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collects solid waste disposal service fees under this section may |
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suspend service of that utility, in addition to the suspension of |
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solid waste disposal services, to a person who is delinquent in the |
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payment of the solid waste disposal service fee until the |
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delinquent claim is fully paid. |
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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. |