| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the implementation of county solid waste management |
|
|
programs. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 364.011, Health and Safety Code, is |
|
|
amended by amending Subsection (a) and adding Subsection (a-1) to |
|
|
read as follows: |
|
|
(a) Subject to the limitation provided by Sections 361.151 |
|
|
and 361.152 (Solid Waste Disposal Act), a commissioners court by |
|
|
rule may regulate solid waste collection, handling, storage, and |
|
|
disposal in areas of the county not in a municipality [or the
|
|
|
extraterritorial jurisdiction of a municipality]. |
|
|
(a-1) A commissioners court by rule may regulate solid waste |
|
|
collection, handling, storage, and disposal by establishing a |
|
|
mandatory program in an area located within the extraterritorial |
|
|
jurisdiction of a municipality only if: |
|
|
(1) the area has a population density of more than |
|
|
3,000 persons per square mile; and |
|
|
(2) the commissioners court or the governing body of |
|
|
the municipality has determined that the area has an established |
|
|
problem with the illegal dumping of household garbage. |
|
|
SECTION 2. Section 364.034(e), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(e) [Except as provided by Subsections (f), (g), and (h),
|
|
|
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 public agency, including a county or a municipality, to enforce
|
|
|
its grant of a franchise or contract for solid waste collection and
|
|
|
transportation services within its territory.] Except as provided |
|
|
by Subsection (f), the governing body of a municipality may provide |
|
|
that a franchise it grants or a contract it enters into for solid |
|
|
waste collection and transportation services under this subchapter |
|
|
or under other law supersedes inside of the municipality's |
|
|
boundaries any other franchise granted or contract entered into |
|
|
under this subchapter. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2011. |