Bill Text: TX HB2763 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to solid waste services and solid waste management programs in the extraterritorial jurisdiction of municipalities in certain counties; authorizing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-05-09 - Laid on the table subject to call [HB2763 Detail]
Download: Texas-2017-HB2763-Introduced.html
Bill Title: Relating to solid waste services and solid waste management programs in the extraterritorial jurisdiction of municipalities in certain counties; authorizing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-05-09 - Laid on the table subject to call [HB2763 Detail]
Download: Texas-2017-HB2763-Introduced.html
By: Gervin-Hawkins | H.B. No. 2763 |
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relating to solid waste services for rental property and solid | ||
waste management programs in the extraterritorial jurisdiction of | ||
municipalities in certain counties; authorizing penalties. | ||
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: | ||
(1) the municipality does not provide solid waste | ||
disposal services in that area; and | ||
(2) the county has a population of more than 1.5 | ||
million and at least 75 percent of the population resides in a | ||
single municipality. | ||
SECTION 2. Section 364.034, Health and Safety Code, is | ||
amended by amending Subsection (a) and adding Subsections (a-1) and | ||
(a-2) 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 described by | ||
Section 364.011(a-1)(2), 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, | ||
except as provided by Subsection (a-1); | ||
(3) charge fees for the service; and | ||
(4) establish the service as a utility separate from | ||
other utilities in its territory. | ||
(a-1) Notwithstanding Subsection (a)(2), a person is not | ||
required to use solid waste disposal services offered by a county to | ||
persons in an area of the county located within the | ||
extraterritorial jurisdiction of a municipality that does not | ||
provide solid waste disposal services in that area 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. Subchapter C, Chapter 791, Government Code, is | ||
amended by adding Section 791.037 to read as follows: | ||
Sec. 791.037. SOLID WASTE DISPOSAL SERVICES IN CERTAIN | ||
COUNTIES. (a) In this section, "solid waste" has the meaning | ||
assigned by Section 361.003, Health and Safety Code. | ||
(b) This section applies only to a county with a population | ||
of more than 1.5 million in which more than 75 percent of the | ||
population resides in a single municipality. | ||
(c) A county may contract with a municipality to provide, | ||
directly or through a contract with another entity, a mandatory | ||
program under Section 364.034, Health and Safety Code, for 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. | ||
(d) A contract under this section must include provisions | ||
regarding the termination of the county 's provision of service on | ||
the occurrence of certain contingencies, including the annexation | ||
of the area covered by the contract by the municipality or the | ||
provision of service to the area by the municipality. | ||
SECTION 4. Subchapter A, Chapter 92, Property Code, is | ||
amended by adding Section 92.0071 to read as follows: | ||
Sec. 92.0071. SOLID WASTE SERVICES REQUIRED IN CERTAIN | ||
AREAS OF CERTAIN COUNTIES. (a) In this section, "garbage" and | ||
"rubbish" have the meanings assigned by Section 361.003, Health and | ||
Safety Code. | ||
(b) This section applies only to a county with a population | ||
of more than 1.5 million in which at least 75 percent of the | ||
population resides in a single municipality. | ||
(c) A landlord of two or more leased dwellings located in | ||
the extraterritorial jurisdiction of a municipality located in the | ||
county must: | ||
(1) notify the county that the landlord has two or more | ||
leased dwellings located in the extraterritorial jurisdiction of | ||
the municipality and provide the addresses of the dwellings and the | ||
landlord to the county; and | ||
(2) provide solid waste services for the collection, | ||
transportation, and disposal of garbage and rubbish from each | ||
dwelling by using the solid waste disposal services offered by the | ||
county, if any, or by contracting for the services with a provider | ||
that meets rules adopted by the Texas Commission on Environmental | ||
Quality for the regulation of solid waste disposal. | ||
(d) On request by the county, the landlord must provide the | ||
county with documentation showing that solid waste services for | ||
each dwelling are being provided. | ||
(e) A provision of a lease that purports to waive a right or | ||
to exempt a party from a liability or duty under this section is | ||
void. | ||
(f) The commissioners court of the county may adopt orders | ||
to enforce this section, including an order establishing a civil or | ||
administrative penalty. | ||
SECTION 5. (a) Except as provided by Subsection (b) of this | ||
section, 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, 2017. | ||
(b) Section 92.0071, Property Code, as added by this Act, | ||
takes effect January 1, 2018. |