ATTORNEY GENERAL OF TEXAS 

GREG ABBOTT 

The Honorable C. R. (Kit) Bramblett 

Hudspeth County Attorney 

Post Office Box 221528 

EI Paso, Texas 79913-1528 

Dear Mr. Bramblett: 

April 20, 2010 

Opinion No. GA-0770 

Re: Whether a utility company that contracts with 

a county to collect the fees for the county's solid 

waste disposal service may suspend its own utility 

service for nonpayment of the solid waste disposal 

fee (RQ-0837-GA) 

You ask us to opine on the meaning of subsection 364.034( d), Health and Safety Code. I You 

tell us that Hudspeth County (the "County"), which collects and disposes of solid waste in the area, 

would like to contract with the Esperanza Water Service Company, Inc. (the "Company") to have 

the Company collect the County's fees for the solid waste disposal services. See Request Letter 

at 1. You inform us that there is a question about whether, under subsection 364.034( d), the 

Company could suspend the Company's water service to a customer for nonpayment of the County's 

solid waste disposal fee. See id 

Under chapter 364, the County Solid Waste Control Act, a county may offer solid waste 

disposal service in its territory. TEx. HEALTH & SAFETY CODE ANN. § 364.034(a)(I) (Vernon SUpp. 

2009); see id § 364.001 (Vernon 2001) (providing short title). A county is authorized to "require 

the use of the [solid waste disposal] service" by persons in its territory and to "charge fees for the 

service." Id § 364.034(a)(2)-(3) (Vernon Supp. 2009). Chapter 364 authorizes a county to provide 

the solid waste disposal service itself or to enter into an operating agreement to have another person 

provide the service. See id § 364.013 (Vernon 2001). Additionally, chapter 364 provides three 

alternatives by which a county can collect the solid waste disposal fee: (1) collect the solid waste 

disposal fee itself, (2) contract with an entity that is providing the solid waste disposal service for 

the county to collect the fee, or (3) contract with another private or public entity for the collection 

of the solid waste disposal fee. Id § 364.034(b)-(c) (Vernon Supp. 2009). Under the scheme 

established by chapter 364, the entity collecting the solid waste disposal fee does not have to provide 

the solid waste disposal service. Compare id § 364.013 (Vernon 2001) (authorizing a county 

IRequest Letter at 1 (available at http://www.texasattorneygeneral.gov); see also TEX. HEAL TH& SAFETY CODE 

ANN. § 364.034(d) (Vernon Supp. 2009). 
The Honorable C. R. (Kit) Bramblett - Page 2 (GA-0770) 

to contract with another entity for the provision of solid waste disposal service), with id § 

364.034(b )(3), (c) 01 ernon Supp. 2009) (authorizing a county to contract with another entity solely 

for the collection of the solid waste disposal fee). The subject of your request, subsection 

364.034( d), provides: 

To aid enforcement of fee collection for the solid waste disposal 

service: 

Id § 364.034( d). 

(1) a county or the public or private entity that has 

contracted with the county to provide the service may suspend 

service to a person who is delinquent in payment of solid 

waste disposal service fees until the delinquent claim is fully 

paid; and 

(2) a public or private utility that bills and collects solid 

waste disposal service fees under this section may 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 solid waste disposal service fee until the 

delinquent claim is fully paid. 

The issue raised by your request requires us to construe subsection 364.034( d)(2). When 

construing a statute, the primary objective is to "ascertain and give effect to the Legislature'S intent 

as expressed by the language of the statute." CityofRockwallv. Hughes, 246 S.W.3d621, 625 (Tex. 

2008). To determine that intent, we look to the plain and common meaning of the words of the 

statute. See id When the statutory language is clear and unambiguous, we construe the statute as 

written. See City of Houston v. Jackson, 192 S. W.3d 764, 770 (Tex. 2006). In addition, "words and 

phrases shall be read in context and construed according to the rules of grammar and common 

usage." TEx. GOV'T CODE ANN. § 311.011(a) (Vernon 2005). 

On its face, the language of subsection 364.034( d)(2) authorizes a "public or private utility 

that bills and collects solid waste disposal service fees" to suspend "service of that utility" for 

nonpayment of the solid waste disposal fee. TEx. HEALTH & SAFETY CODE ANN. § 364.034(d)(2) 

01 ernon Supp. 2009). By its ordinary usage, the term "that" refers back to a specific thing 

previously mentioned. See NEW OXFORD AMERICAN DICTIONARY 1756 (2001 ) (defining the term 

''that'' to mean "referring to a specific thing previously mentioned, known, or understood"); see also 

TEx. GOV'T CODE ANN. § 311.011(a) (Vernon 2005) (providing "words and phrases shall be read 

in context and construed according to the rules of grammar and common usage"). In subsection 

364.034( d)(2), the thing previously mentioned is the public or private utility that is collecting the 

solid waste disposal fees on behalf of a county. Thus, the "service of that utility," which service may 

be suspended, is the utility service of the public or private entity collecting the fees on behalf of a 

county. The language of subsection 364.034( d)(2) patently distinguishes the "service of that utility" 
The Honorable C. R. (Kit) Bramblett - Page 3 (GA-0770) 

from the solid waste disposal service by providing that the suspension of service of that utility is "in 

addition to the suspension of solid waste disposal service." TEx. HEALTH & SAFETY CODE ANN. § 

364.034( d)(2) 0' emon Supp. 2009). The language of subsection 364.034( d)(2) indicates that a 

utility collecting a county's solid waste disposal fee may suspend its own utility service for 

nonpayment of a county's solid waste disposal fee. 2 

Our determination is bolstered by the legislative history of subsection 364.034( d)(2). See 

TEx. GOV'T CODE ANN. § 311.023 (3) 0' emon 2005) (including legislative history in list of factors 

that may be considered in construing statutes); see also Osterberg v. Peca, 12 S.W.3d 31, 38 (Tex. 

2000) (citing section 311.023 and considering legislative history, among other things, to construe 

a statute); Tex. Att'y Gen. Op. No. GA-0728 (2009) at 2-3 (considering legislative history in 

construction of statute). Subsection 364.034( d)(2) was added to chapter 364 in 2001 by Senate Bill 

352. Act of May 24, 2001, 77thLeg.,R.S.,ch.1238,2001 Tex. Gen. Laws 2915, 2915-16. Thebill 

summary accompanying Senate Bill 352 describes the bill as authorizing "a utility that bills and 

collects the fees to suspend the utility service it provides, in addition to the suspension of solid waste 

disposal service by the entity providing that service to a person who is delinquent in paying the 

disposal fee." Enrolled Bill Summary, Tex. S.B. 352, 77th Leg., R.S. (2001) (emphasis added).3 

Senator Truan, who sponsored Senate Bill 352, described the bill as adding an "effective 

enforcement mechanism to compel payment" of solid waste disposal service fees. Hearings on S.B. 

352 before the Sen. Natural Resources Comm., 77th Leg., R.S. (Feb. 27, 2001) (statement of Sen. 

Truan).4 Senator Truan stated: 

A contract with a utility may require the billing of the solid waste 

disposal fee within the bill for the other utility service. It may permit 

the contracting utility to suspend service of the utility to a person who 

is delinquent in payment of the solid waste disposal service fee. That 

means that if someone does not pay his trash bill, the lights go out. 

And that's the essence of providing some teeth in order to have the 

collection of trash and the payment of fees. 

2The Company at issue here tells us that it is a privat~ly held water utility regulated by the Texas Commission 

on Environmental Quality (TCEQ) "subject to the TCEQ's Utility Regulations found in Chapter 291." Briefattached 

to Request Letter from Ralph Wm. Richards, Attorney at Law, at 2. Suspension of the utility service of the Company 

is expressly authorized by the TCEQ's rules. See 30 TEX. ADMIN. CODE § 291.88(a)(2)(F) (2009) (authorizing 

discontinuance of utility service for "failure to pay solid waste disposal fees collected under contract with a county"); 

cf. City of Breckenridge v. Cozart, 478 S. W.2d 162, 164-65 (Tex. Civ. App.-Eastland 1972, writ rer d n.r.e.)(flnding 

no constitutional impediment to a home rule city's ordinance authorizing the discontinuation of a person's city water 

service for the person's failure to pay the city's garbage collection fee). 

3 Available at http://www.capitol.state.tx.us/BillLookup/BillSummary.aspx?LegSess=77R&Bill=SB352 (last 

visited Apr. 12,2010). 

4Available at http://www.senate.state.tx.us/avarchive/?yr=2001&mo=02 (archived recording of the February 

27,2001 public hearing) (last visited Apr. 12,2010). 
The Honorable C. R. (Kit) Bramblett - Page 4 (GA-0770) 

Id. The foregoing legislative material reveals a legislative intent to authorize the suspension of 

utility service other than the solid waste disposal service as an added enforcement mechanism to 

compel payment of a county's solid waste disposal fee. 

We conclude that subsection 364.034(d)(2), Health and Safety Code, authorizes a utility 

company contracting with a county to collect the· fees for the county's solid waste disposal service 

to suspend its own utility service for nonpayment ofthe county's solid waste disposal fee. 
The Honorable C. R. (Kit) Bramblett .:. Page 5 (GA-0770) 

SUMMARY 

Subsection 364.034( d)(2), Health and Safety Code, authorizes 

a utility company contracting with a county to collect the fees for the 

county's solid waste disposal service to suspend its own utility 

service for nonpayment of the county's solid waste disposal fee. 

ANDREW WEBER 

First Assistant Attorney General 

JONATHAN K. FRELS 

Deputy Attorney General for Legal Counsel 

NANCY S. FULLER 

Chair, Opinion Committee 

Charlotte M. Harper 

Assistant Attorney General, Opinion Committee