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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of solid waste disposal services by |
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certain counties; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 364.011(a-1), Health and Safety Code, is |
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amended 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[: |
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[(A)] is adjacent to the United Mexican States |
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and either: |
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(A)[; (B)] has a population of less than |
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300,000[;] and |
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[(C)] contains a municipality with a population |
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of 200,000 or more; or |
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(B) has a population of more than 700,000 and |
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contains at least two municipalities that each have a population of |
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77,000 or more. |
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SECTION 2. Sections 364.034(a) and (b), Health and Safety |
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Code, are 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)(B) or (a-2)(2) [364.011(a-2)(2)], an area |
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of the 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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except as provided by Subsection (a-1); |
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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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(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 entity that contracts with the |
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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; or |
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(4) a county tax assessor-collector, for the purposes |
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of Section 364.0343. |
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SECTION 3. Subchapter C, Chapter 364, Health and Safety |
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Code, is amended by adding Section 364.0343 to read as follows: |
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Sec. 364.0343. COLLECTION OF CERTAIN FEES FOR SOLID WASTE |
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DISPOSAL SERVICES. (a) This section applies to a county that: |
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(1) regulates solid waste collection, handling, |
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storage, and disposal by establishing a mandatory program under |
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Section 364.011(a-1)(2)(B); and |
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(2) provides in the program rules that this section |
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applies to the collection of a fee under the program. |
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(b) The county tax assessor-collector of a county shall |
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include the fee in the tax bill prepared under Section 31.01, Tax |
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Code, for each landowner whose real property is benefited by the |
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solid waste disposal services for which the fee is imposed. The tax |
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bill must separately state the amount of the fee. The county tax |
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assessor-collector shall collect the fee for the county in the same |
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manner that the county tax assessor-collector collects ad valorem |
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taxes for the county. |
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(c) A commissioners court may obtain a lien against real |
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property benefited by the solid waste disposal services for which a |
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fee is imposed to secure payment of the fee. To obtain the lien, the |
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commissioners court must file a notice with the county clerk of the |
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county in which the property is located that includes: |
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(1) a statement that the fee has been imposed on the |
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landowner and the amount of the fee; |
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(2) a legal description of the property on which the |
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lien is to be attached sufficient to identify the property; and |
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(3) the name of the landowner, if known. |
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(d) The lien authorized by this section exists in favor of |
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the county. The lien attaches to the real property on the date the |
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notice of lien is filed with the county clerk. The lien is inferior |
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to a mortgage lien recorded with the county clerk before the date |
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the lien authorized by this section attaches to the property. A |
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county may not foreclose a lien authorized by this section if the |
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lien is the only lien attached to the property. |
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SECTION 4. Section 364.0345, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 364.0345. PENALTIES FOR FAILURE TO USE REQUIRED |
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SERVICE IN CERTAIN AREAS. The commissioners court of a county |
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described by Section 364.011(a-1)(2)(B) or (a-2)(2) |
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[364.011(a-2)(2)] that requires the use of a county solid waste |
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disposal service under Section 364.034 in the extraterritorial |
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jurisdiction of a municipality may adopt orders to enforce the |
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requirement, including an order establishing a civil or |
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administrative penalty in an amount reasonable and necessary to |
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ensure compliance with the requirement. |
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SECTION 5. This Act takes effect September 1, 2021. |
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