Bill Text: TX HB1584 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the implementation of county solid waste management programs in certain counties.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-05-26 - Effective on 9/1/17 [HB1584 Detail]
Download: Texas-2017-HB1584-Enrolled.html
H.B. No. 1584 |
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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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1584 was passed by the House on April | ||
20, 2017, by the following vote: Yeas 144, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1584 was passed by the Senate on May | ||
12, 2017, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |