85R19490 SLB-D
 
  By: King of Uvalde H.B. No. 1584
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the implementation of county solid waste management
  programs in certain counties.
         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), and subject to Subsection
  (a-1), 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 under Section 364.034 in an area of the county
  located within the extraterritorial jurisdiction of a municipality
  if:
               (1)  the municipality does not provide solid waste
  disposal services in that area; and
               (2)  the county:
                     (A)  is adjacent to the United Mexican States;
                     (B)  has a population of less than 300,000; and
                     (C)  contains a municipality with a population of
  200,000 or more.
         SECTION 2.  Section 364.034, Health and Safety Code, is
  amended by adding Subsections (a-1) and (a-2) to read as follows:
         (a-1)  Notwithstanding Subsection (a)(2), a person is not
  required to use solid waste disposal services offered by a county,
  as authorized under Section 364.011(a-1), to persons in an area of
  the county located within the extraterritorial jurisdiction of a
  municipality if:
               (1)  the person contracts for solid waste disposal
  services with a provider that meets rules adopted by the commission
  for the regulation of solid waste disposal; or
               (2)  the person is a private entity that contracts to
  provide temporary solid waste disposal services to a construction
  site or project by furnishing a roll-off container used to
  transport construction waste or demolition debris to a facility for
  disposal or recycling.
         (a-2)  Subsection (a-1) does not affect the authority of a
  governmental entity to pursue actions under Subchapter B, Chapter
  365, to address illegal dumping.
         SECTION 3.  The changes in law made by this Act apply only to
  a contract for private solid waste collection, handling, storage,
  or disposal entered into on or after the effective date of this Act.  
  A contract for private solid waste collection, handling, storage,
  or disposal entered into before the effective date of this Act is
  governed by the law in effect immediately before the effective date
  of this Act, and that law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2017.