Bill Text: TX HB2173 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the provision of solid waste disposal services by certain counties; authorizing a fee; creating a criminal offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-09 - Referred to Environmental Regulation [HB2173 Detail]

Download: Texas-2023-HB2173-Introduced.html
  88R5894 DRS-F
 
  By: Cole H.B. No. 2173
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the provision of solid waste disposal services by
  certain counties; authorizing a fee; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 364.011(a-2), Health and Safety Code, is
  amended to read as follows:
         (a-2)  Notwithstanding Subsection (a), a commissioners court
  may, through a competitive bidding process, contract for the
  provision of solid waste collection, handling, storage, and
  disposal 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)  has a population of more than 1.5 million and
  at least 75 percent of the population resides in a single
  municipality; or
                     (B)  has a population of less than 1.3 million and
  contains a municipality with a population of 750,000 or more.
         SECTION 2.  Section 791.037(b), Government Code, is amended
  to read as follows:
         (b)  This section applies only to a county:
               (1)  with a population of more than 1.5 million in which
  more than 75 percent of the population resides in a single
  municipality; or
               (2)  with a population of less than 1.3 million that
  contains a municipality with a population of 750,000 or more.
         SECTION 3.  Sections 352.082(a) and (c), Local Government
  Code, are amended to read as follows:
         (a)  This section applies only to:
               (1)  the unincorporated area of a county:
                     (A) [(1)]  that is adjacent to a county with a
  population of 3.3 million or more; and
                     (B) [(2)]  in which a planned community is located
  that has 20,000 or more acres of land, that was originally
  established under the Urban Growth and New Community Development
  Act of 1970 (42 U.S.C. Section 4501 et seq.), and that is subject to
  restrictive covenants containing ad valorem or annual variable
  budget based assessments on real property; or
               (2)  the unincorporated area of a county:
                     (A)  with a population of less than 1.3 million
  that contains a municipality with a population of 750,000 or more;
  and
                     (B)  that offers solid waste disposal services to
  persons in its territory.
         (c)  A person commits an offense if the person intentionally
  or knowingly burns household refuse outdoors on a lot that is
  either:
               (1)  located in the unincorporated area of a county
  described by Subsection (a)(1) and:
                     (A)  located in a neighborhood; or
                     (B) [(2)]  smaller than five acres; or
               (2)  located in the unincorporated area of a county
  described by Subsection (a)(2), if the commissioners court of the
  county has established a mandatory program under Section 364.034,
  Health and Safety Code, that benefits the lot.
         SECTION 4.  The changes in law made by this Act apply only to
  an offense committed on or after the effective date of this Act.  An
  offense committed before the effective date of this Act is governed
  by the law in effect when the offense was committed, and the former
  law is continued in effect for that purpose.  For purposes of this
  section, an offense was committed before the effective date of this
  Act if any element of the offense occurred before that date.
         SECTION 5.  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, 2023.
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