88R5894 DRS-F     By: Zaffirini S.B. No. 1729       A BILL TO BE ENTITLED   AN ACT   relating to the provision of solid waste disposal services by   certain counties; authorizing a fee; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 364.011(a-2), Health and Safety Code, is   amended to read as follows:          (a-2)  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:                      (A)  has a population of more than 1.5 million and   at least 75 percent of the population resides in a single   municipality; or                      (B)  has a population of less than 1.3 million and   contains a municipality with a population of 750,000 or more.          SECTION 2.  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)  with a population of less than 1.3 million that   contains a municipality with a population of 750,000 or more.          SECTION 3.  Sections 352.082(a) and (c), Local Government   Code, are amended to read as follows:          (a)  This section applies only to:                (1)  the unincorporated area of a county:                      (A) [(1)]  that is adjacent to a county with a   population of 3.3 million or more; and                      (B) [(2)]  in which a planned community is located   that has 20,000 or more acres of land, that was originally   established under the Urban Growth and New Community Development   Act of 1970 (42 U.S.C. Section 4501 et seq.), and that is subject to   restrictive covenants containing ad valorem or annual variable   budget based assessments on real property; or                (2)  the unincorporated area of a county:                      (A)  with a population of less than 1.3 million   that contains a municipality with a population of 750,000 or more;   and                      (B)  that offers solid waste disposal services to   persons in its territory.          (c)  A person commits an offense if the person intentionally   or knowingly burns household refuse outdoors on a lot that is   either:                (1)  located in the unincorporated area of a county   described by Subsection (a)(1) and:                      (A)  located in a neighborhood; or                      (B) [(2)]  smaller than five acres; or                (2)  located in the unincorporated area of a county   described by Subsection (a)(2), if the commissioners court of the   county has established a mandatory program under Section 364.034,   Health and Safety Code, that benefits the lot.          SECTION 4.  The changes in law made by this Act apply only to   an offense committed on or after the effective date of this Act.  An   offense committed before the effective date of this Act is governed   by the law in effect when the offense was committed, and the former   law is continued in effect for that purpose.  For purposes of this   section, an offense was committed before the effective date of this   Act if any element of the offense occurred before that date.          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, 2023.