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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. |
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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 400,000 and |
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contains at least two municipalities each of which has a population |
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of 70,000 or more. |
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SECTION 2. Section 364.034, Health and Safety Code, is |
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amended by amending Subsections (a) and (a-1) and adding |
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Subsections (a-3), (d-1), and (g-1) 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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(a-1) Notwithstanding Subsection (a)(2), a person is not |
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required to use solid waste disposal services offered by a county, |
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including a county described by Section 364.011(a-1)(2)(B), to |
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persons in an area of the county located within the |
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extraterritorial jurisdiction of a municipality that does not |
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provide solid waste disposal services in that area if: |
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(1) the person contracts for solid waste disposal |
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services with a provider that meets rules adopted by the commission |
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for the regulation of solid waste disposal; or |
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(2) the person is a private entity that contracts to |
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provide temporary solid waste disposal services to a construction |
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site or project by furnishing a roll-off container used to |
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transport construction waste or demolition debris to a facility for |
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disposal or recycling. |
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(a-3) If a county described by Section 364.011(a-1)(2)(B) |
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contracts with a public or private entity to provide solid waste |
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disposal services as authorized under Section 364.011(a-1) and |
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Subsection (a) of this section, the contract must provide for solid |
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waste disposal services for the entire unincorporated area of the |
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county, not including areas in the extraterritorial jurisdiction of |
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a municipality where the municipality provides waste disposal |
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services. |
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(d-1) Notwithstanding Section 364.034(d)(2) or Section |
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552.910, Local Government Code, a public or private utility that |
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bills and collects solid waste disposal service fees under a |
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contract under this section with a county described by Section |
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364.011(a-1)(2)(B) may not suspend water or sewer service to a |
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person who is delinquent in the payment of the solid waste disposal |
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service fee. |
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(g-1) This subsection applies only to a county described by |
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Section 364.011(a-1)(2)(B). A person is exempt from the |
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application of a requirement adopted by a county under Subsection |
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(a) if the person, at any time, is receiving under a contract solid |
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waste disposal services at a level that is the same as or higher |
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than the level of services that otherwise would be required. To |
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qualify for the exemption provided by this subsection, the person |
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must provide to the county written documentation acceptable to the |
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county to show that the person is receiving services under the |
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contract. The person who provides solid waste disposal services to |
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a person who qualifies for the exemption shall notify the county |
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that the services under the contract have stopped not later than the |
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15th day after the date those services are stopped for any reason. |
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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. NOTICE AND HEARING OF CERTAIN FEES FOR SOLID |
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WASTE DISPOSAL SERVICES. (a) This section applies to a county |
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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) Before a county may impose the fee described by Section |
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364.034, the commissioners court must hold a public hearing on the |
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proposed fee. Not later than the 10th day before the date of the |
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hearing, the county shall provide notice of the hearing that |
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includes the date, time, and location of the hearing and a statement |
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that an interested citizen of the county may testify at the hearing. |
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The county: |
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(1) shall deliver the notice: |
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(A) by mail to each owner of real property that |
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would be affected by the fee, at the address shown on the most |
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recently certified tax roll of the district; |
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(B) by posting the notice prominently on the |
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county's Internet website from the date the notice is mailed until |
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the public hearing is concluded; and |
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(C) if the county maintains a public account on a |
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social media platform, by posting the notice on the county's social |
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media platform account; and |
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(2) may publish notice of the hearing in a newspaper in |
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addition to delivery of the notice by the methods required under |
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this section. |
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(c) As early as practicable in advance of a public hearing |
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required by this section, the county shall post on the county's |
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Internet website any written agenda and related supplemental |
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written materials provided by the county to the commissioners in |
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advance of the hearing for the commissioners' use during the |
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hearing. The county may exclude written materials that the county |
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attorney certifies are confidential or may be withheld from public |
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disclosure under Chapter 552, Government Code. |
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(d) A public hearing held under this section must be on a |
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weekday that is not a public holiday. At the hearing, the |
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commissioners court shall afford adequate opportunity for |
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proponents and opponents of the proposed fee to present their |
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views. |
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(e) Not later than the 60th day before the scheduled start |
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date of the solid waste disposal services for which a fee is |
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collected under Section 364.034, the county shall mail notice to |
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each landowner whose real property will be benefited by the |
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services. The notice must include: |
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(1) a statement that: |
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(A) the county has adopted an order to require |
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the use of county solid waste disposal services under Section |
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364.034 and to collect a fee; and |
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(B) the landowner may qualify under Section |
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364.034(a-1), (g), or (g-1) for an exemption from the application |
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of the requirement; and |
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(2) instructions for completing and submitting the |
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documentation required for the exemptions under Sections |
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364.034(a-1), (g), and (g-1). |
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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; LATE FEES. (a) The commissioners court |
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of a county 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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(b) A county described by Section 364.011(a-1)(2)(B) may |
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not: |
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(1) impose a civil penalty under Subsection (a) of |
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this section on a person in an amount that exceeds 10 percent of the |
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person's delinquent annual service charge; or |
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(2) charge fees for late payment of a fee for a service |
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provided under this section that exceed $60 in a single year. |
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SECTION 5. Section 791.037(b), Government Code, is amended |
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to read as follows: |
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(b) This section applies only to a county: |
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(1) with a population of more than 1.5 million in which |
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more than 75 percent of the population resides in a single |
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municipality; or |
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(2) that is located adjacent to the United Mexican |
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States, has a population of more than 400,000, and contains at least |
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two municipalities each of which has a population of 70,000 or more. |
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SECTION 6. This Act takes effect September 1, 2023. |
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