S.B. No. 1229
 
 
 
 
AN ACT
  relating to solid waste services 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)  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 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 364, Health and Safety
  Code, is amended by adding Section 364.0345 to read as follows:
         Sec. 364.0345.  PENALTIES FOR FAILURE TO USE REQUIRED
  SERVICE IN CERTAIN AREAS.  The commissioners court of a county
  described by Section 364.011(a-1)(2) that requires the use of a
  county solid waste 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.
         SECTION 4.  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 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, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1229 passed the Senate on
  April 26, 2017, by the following vote:  Yeas 30, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1229 passed the House on
  May 9, 2017, by the following vote:  Yeas 144, Nays 1, two present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor