2023S0202-1 02/23/23     By: Hinojosa, LaMantia S.B. No. 1430     A BILL TO BE ENTITLED   AN ACT   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[:                      [(A)]  is adjacent to the United Mexican States   and either:                      (A) [; (B)]  has a population of less than   300,000[;] and                      [(C)]  contains a municipality with a population   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) [364.011(a-2)(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.          (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)   [364.011(a-2)(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.          (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.