HBA-AMW S.B. 352 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 352
By: Truan
Environmental Regulation
4/4/2001
Engrossed



BACKGROUND AND PURPOSE 

Current law provides counties the authority to offer and require solid
waste services and authorizes counties to collect fees for services
rendered.  Although a public agency or county is authorized to suspend
solid waste disposal service to a person who is delinquent in payment until
the delinquent claim is fully paid, this current method of enforcement may
not provide the most effective enforcement mechanism.  Senate Bill 352
permits a county to contract with a private or public entity to collect
solid waste disposal fees and authorizes the suspension of  solid waste
disposal service and utility service until a delinquent claim is fully
paid. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 352 amends the Health and Safety Code to authorize a county to
contract with a public or private utility to collect a fee for solid waste
disposal service (fee).  The bill also authorizes a fee to be collected by
a county, a private or public entity that contracts with the county to
provide the service, or another private or public entity that contracts
with the county to collect the fees.  The contract may require the billing
of the fee within the bill for other utility services, may allow a fee to
be paid to the utility for billing and collecting the fee, may require a
system of accounting for fees collected by an entity other than the county,
and may contain other terms as agreed to by the parties.  

S.B. 352 authorizes the public or private entity that has contracted with
the county to provide the service to suspend service to a person who is
delinquent in payment of fees until the delinquent claim is fully paid to
aid enforcement of fee collection.  The bill also authorizes a public or
private utility that bills and collects fees to suspend service of that
utility, in addition to the suspension of solid waste disposal service, to
a person who is delinquent in the payment of the fee until the delinquent
claim is fully paid. 

EFFECTIVE DATE

January 1, 2002.