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Honorable Neal Pfeiffer - Page 4 (MW-424)
Under our reading of section 13, such a practice is precluded. The statute plainly states that a public agency may offer solid waste disposal service to persons within its boundaries and may require the use of such service by any or all such persons and may charge fees therefor. By use of the phrase "such persons" reference is made to the persons to whom the service is offered. Thus, only those persons to whom the service is offered, that is, who may actually have the street abutting their home or business cleaned, may be charged a fee. SUMMARY General law cities may provide street cleaning services and charge fees therefor under article 4477-8, section 13, V.T.C.S. Only persons who receive street cleaning services may be charged such fees. Very truly yours, MARK WHITE Attorney General of Texas JOHN W. FAINTER, JR. First Assistant Attorney General RICHARD E. GRAY III Executive Assistant Attorney General Prepared by Douglas Fraser Assistant Attorney General APPROVED: OPINION COMMITTEE Susan L. Garrison, Chairman Jon Bible Douglas Fraser Rick Gilpin Jim Moellinger