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A BILL TO BE ENTITLED
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AN ACT
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relating to solid waste services for rental property and solid |
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waste management programs in certain counties; providing a civil |
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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 (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: |
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(1) the municipality does not provide solid waste |
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disposal services in that area; and |
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(2) the county has a population of more than 1.5 |
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million in which at least 75 percent of the population resides in a |
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single municipality. |
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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 described by |
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Section 364.011(a-1)(2), an area of the county located within the |
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extraterritorial jurisdiction of a 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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(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 IN CERTAIN |
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COUNTIES. (a) In this section, "solid waste" has the meaning |
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assigned by Section 361.003, Health and Safety Code. |
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(b) This section applies only to a county with a population |
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of more than 1.5 million in which more than 75 percent of the |
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population resides in a single municipality. |
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(c) A county may contract with a municipality to provide, |
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directly or through a contract with another entity, a mandatory |
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program for solid waste disposal services in an area of the county |
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located within the extraterritorial jurisdiction of the |
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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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(d) A mandatory solid waste disposal program provided under |
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a contract under this section does not apply to a private entity |
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that contracts to provide temporary solid waste disposal services |
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to a construction project. |
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SECTION 4. Subchapter A, Chapter 92, Property Code, is |
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amended by adding Section 92.0071 to read as follows: |
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Sec. 92.0071. SOLID WASTE SERVICES REQUIRED IN |
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UNINCORPORATED AREAS OF CERTAIN COUNTIES. (a) In this section, |
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"garbage" and "rubbish" have the meanings assigned by Section |
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361.003, Health and Safety Code. |
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(b) This section applies only to a county with a population |
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of more than 1.5 million in which at least 75 percent of the |
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population resides in a single municipality. |
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(c) A landlord of two or more leased dwellings located in |
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the unincorporated area of a county must: |
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(1) notify the county that the landlord has two or more |
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leased dwellings located in the unincorporated area of a county and |
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provide the addresses of the dwellings and the landlord to the |
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county; and |
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(2) provide solid waste services for the collection, |
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transportation, and disposal of garbage and rubbish from each |
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dwelling. |
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(d) On request by the county, the landlord must provide the |
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county with documentation showing that solid waste services for |
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each dwelling are being provided. |
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(e) A provision of a lease that purports to waive a right or |
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to exempt a party from a liability or duty under this section is |
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void. |
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(f) The commissioners court of a county may adopt orders to |
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enforce this section, which may include establishing a civil or |
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administrative fine. |
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SECTION 5. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect immediately if it receives a |
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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. |
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(b) Section 92.0071, Property Code, as added by this Act, |
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takes effect January 1, 2014. |