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