Bill Text: TX SB1430 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the provision of solid waste disposal services by certain counties.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2023-05-24 - Returned to Local & Consent Calendars Comm. [SB1430 Detail]
Download: Texas-2023-SB1430-Introduced.html
Bill Title: Relating to the provision of solid waste disposal services by certain counties.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2023-05-24 - Returned to Local & Consent Calendars Comm. [SB1430 Detail]
Download: Texas-2023-SB1430-Introduced.html
2023S0202-1 02/23/23 | ||
By: Hinojosa, LaMantia | S.B. No. 1430 |
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relating to the provision of solid waste disposal services by | ||
certain counties; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 364.011(a-1), Health and Safety Code, is | ||
amended 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[ |
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and either: | ||
(A) [ |
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300,000[ |
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[ |
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of 200,000 or more; or | ||
(B) has a population of more than 400,000 and | ||
contains at least two municipalities each of which has a population | ||
of 70,000 or more. | ||
SECTION 2. Section 364.034, Health and Safety Code, is | ||
amended by amending Subsection (a) and adding Subsection (b-1) 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)(B) or (a-2)(2) [ |
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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. | ||
(b-1) If a county described by Section 364.011(a-1)(2)(B) | ||
contracts with a public or private entity to provide solid waste | ||
disposal services as authorized under Section 364.011(a-1) and | ||
Subsection (a) of this section, the contract must provide for solid | ||
waste disposal services for the entire unincorporated area of the | ||
county, not including areas in the extraterritorial jurisdiction of | ||
a municipality where the municipality provides waste disposal | ||
services. | ||
SECTION 3. Subchapter C, Chapter 364, Health and Safety | ||
Code, is amended by adding Section 364.0343 to read as follows: | ||
Sec. 364.0343. NOTICE AND HEARING OF CERTAIN FEES FOR SOLID | ||
WASTE DISPOSAL SERVICES. (a) This section applies to a county | ||
that: | ||
(1) regulates solid waste collection, handling, | ||
storage, and disposal by establishing a mandatory program under | ||
Section 364.011(a-1)(2)(B); and | ||
(2) provides in the program rules that this section | ||
applies to the collection of a fee under the program. | ||
(b) Before a county may impose the fee described by Section | ||
364.034, the commissioners court must hold a public hearing on the | ||
proposed fee. Not later than the 10th day before the date of the | ||
hearing, the county shall provide notice of the hearing that | ||
includes the date, time, and location of the hearing and a statement | ||
that an interested citizen of the county may testify at the hearing. | ||
The county: | ||
(1) shall deliver the notice: | ||
(A) by mail to each owner of real property that | ||
would be affected by the fee, at the address shown on the most | ||
recently certified tax roll of the district; | ||
(B) by posting the notice prominently on the | ||
county's Internet website from the date the notice is mailed until | ||
the public hearing is concluded; and | ||
(C) if the county maintains a public account on a | ||
social media platform, by posting the notice on the county's social | ||
media platform account; and | ||
(2) may publish notice of the hearing in a newspaper in | ||
addition to delivery of the notice by the methods required under | ||
this section. | ||
(c) As early as practicable in advance of a public hearing | ||
required by this section, the county shall post on the county's | ||
Internet website any written agenda and related supplemental | ||
written materials provided by the county to the commissioners in | ||
advance of the hearing for the commissioners' use during the | ||
hearing. The county may exclude written materials that the county | ||
attorney certifies are confidential or may be withheld from public | ||
disclosure under Chapter 552, Government Code. | ||
(d) A public hearing held under this section must be on a | ||
weekday that is not a public holiday. At the hearing, the | ||
commissioners court shall afford adequate opportunity for | ||
proponents and opponents of the proposed fee to present their | ||
views. | ||
(e) Not later than the 60th day before the scheduled start | ||
date of the solid waste disposal services for which a fee is | ||
collected under this section, the county shall mail notice to each | ||
landowner whose real property will be benefited by the services. | ||
The notice must include: | ||
(1) a statement that: | ||
(A) the county has adopted an order to require | ||
the use of county solid waste disposal services under Section | ||
364.034 and to collect a fee; and | ||
(B) the landowner may qualify under Section | ||
364.034(g) for an exemption from the application of the | ||
requirement; and | ||
(2) instructions for completing and submitting the | ||
documentation required for the exemption under Section 364.034(g). | ||
SECTION 4. Section 364.0345, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 364.0345. PENALTIES FOR FAILURE TO USE REQUIRED | ||
SERVICE IN CERTAIN AREAS. (a) The commissioners court of a county | ||
described by Section 364.011(a-1)(2)(B) or (a-2)(2) | ||
[ |
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disposal service under Section 364.034 in the extraterritorial | ||
jurisdiction of a municipality may adopt orders to enforce the | ||
requirement, including an order establishing a civil or | ||
administrative penalty in an amount reasonable and necessary to | ||
ensure compliance with the requirement. | ||
(b) A county described by Section 364.011(a-1)(2)(B) may | ||
not impose a civil penalty under Subsection (a) of this section on a | ||
person in an amount that exceeds 10 percent of the person's | ||
delinquent annual service charge. | ||
SECTION 5. 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) that is located adjacent to the United Mexican | ||
States, has a population of more than 400,000, and contains at least | ||
two municipalities each of which has a population of 70,000 or more. | ||
SECTION 6. This Act takes effect September 1, 2023. |