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AN ACT
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relating to the implementation of county solid waste management |
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programs in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 364.011, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) Subject to the limitation provided by Sections 361.151 |
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and 361.152 (Solid Waste Disposal Act), and subject to Subsection |
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(a-1), a commissioners court by rule may regulate solid waste |
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collection, handling, storage, and disposal in areas of the county |
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not in a municipality or the extraterritorial jurisdiction of a |
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municipality. |
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(a-1) A commissioners court by rule may regulate solid waste |
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collection, handling, storage, and disposal by establishing a |
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mandatory program under Section 364.034 in an area of the county |
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located within the extraterritorial jurisdiction of a municipality |
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if: |
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(1) the municipality does not provide solid waste |
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disposal services in that area; and |
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(2) the county: |
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(A) is adjacent to the United Mexican States; |
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(B) has a population of less than 300,000; and |
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(C) contains a municipality with a population of |
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200,000 or more. |
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SECTION 2. Section 364.034, Health and Safety Code, is |
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amended by adding Subsections (a-1) and (a-2) to read as follows: |
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(a-1) Notwithstanding Subsection (a)(2), a person is not |
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required to use solid waste disposal services offered by a county, |
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as authorized under Section 364.011(a-1), to persons in an area of |
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the county located within the extraterritorial jurisdiction of a |
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municipality if: |
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(1) the person contracts for solid waste disposal |
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services with a provider that meets rules adopted by the commission |
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for the regulation of solid waste disposal; or |
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(2) the person is a private entity that contracts to |
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provide temporary solid waste disposal services to a construction |
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site or project by furnishing a roll-off container used to |
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transport construction waste or demolition debris to a facility for |
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disposal or recycling. |
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(a-2) Subsection (a-1) does not affect the authority of a |
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governmental entity to pursue actions under Subchapter B, Chapter |
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365, to address illegal dumping. |
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SECTION 3. The changes in law made by this Act apply only to |
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a contract for private solid waste collection, handling, storage, |
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or disposal entered into on or after the effective date of this Act. |
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A contract for private solid waste collection, handling, storage, |
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or disposal entered into before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1584 was passed by the House on April |
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20, 2017, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1584 was passed by the Senate on May |
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12, 2017, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |