Bill Text: TX HB83 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the implementation of county solid waste management programs in the extraterritorial jurisdiction of a municipality.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2013-03-26 - Left pending in committee [HB83 Detail]
Download: Texas-2013-HB83-Introduced.html
83R1520 SLB-F | ||
By: McClendon | H.B. No. 83 |
|
||
|
||
relating to the implementation of county solid waste management | ||
programs in the extraterritorial jurisdiction of a municipality. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 364.011, Health and Safety Code, is | ||
amended by adding Subsection (a-1) to read as follows: | ||
(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 the municipality does not provide solid waste disposal services | ||
in that area. | ||
SECTION 2. Section 364.034(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A public agency or a county may: | ||
(1) offer solid waste disposal service to persons in | ||
its territory, including, in the case of a county, an area of the | ||
county located within the extraterritorial jurisdiction of a | ||
municipality if the municipality does not provide solid waste | ||
disposal services in that area; | ||
(2) require the use of the service by those persons; | ||
(3) charge fees for the service; and | ||
(4) establish the service as a utility separate from | ||
other utilities in its territory. | ||
SECTION 3. Subchapter C, Chapter 791, Government Code, is | ||
amended by adding Section 791.036 to read as follows: | ||
Sec. 791.036. SOLID WASTE DISPOSAL SERVICES. (a) In this | ||
section, "solid waste" has the meaning assigned by Section 361.003, | ||
Health and Safety Code. | ||
(b) A county may contract with a municipality to provide, | ||
directly or through a contract with another entity, solid waste | ||
disposal services in an area of the county located within the | ||
extraterritorial jurisdiction of the municipality if the | ||
municipality does not provide solid waste disposal services in that | ||
area. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. |