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A BILL TO BE ENTITLED
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AN ACT
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relating to the implementation of county solid waste management |
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programs in the extraterritorial jurisdiction of a municipality. |
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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 (a-1) to read as follows: |
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(a-1) A commissioners court by rule may regulate solid waste |
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collection, handling, storage, and disposal by establishing a |
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mandatory program under Section 364.034 in an area of the county |
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located within the extraterritorial jurisdiction of a municipality |
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if the municipality does not provide solid waste disposal services |
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in that area. |
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SECTION 2. Section 364.034(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A public agency or a county may: |
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(1) offer solid waste disposal service to persons in |
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its territory, including, in the case of a county, an area of the |
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county located within the extraterritorial jurisdiction of a |
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municipality if the municipality does not provide solid waste |
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disposal services in that area; |
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(2) require the use of the service by those persons; |
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(3) charge fees for the service; and |
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(4) establish the service as a utility separate from |
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other utilities in its territory. |
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SECTION 3. Subchapter C, Chapter 791, Government Code, is |
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amended by adding Section 791.036 to read as follows: |
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Sec. 791.036. SOLID WASTE DISPOSAL SERVICES. (a) In this |
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section, "solid waste" has the meaning assigned by Section 361.003, |
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Health and Safety Code. |
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(b) A county may contract with a municipality to provide, |
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directly or through a contract with another entity, solid waste |
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disposal services in an area of the county located within the |
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extraterritorial jurisdiction of the municipality if the |
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municipality does not provide solid waste disposal services in that |
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area. |
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SECTION 4. 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, 2013. |