reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 361.153 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter E. Powers and Duties of Local Governments|Section 361.153. County Solid Waste Plans and Programs; Fees

Sec. 361.153.  COUNTY SOLID WASTE PLANS AND PROGRAMS;  FEES.  (a)  A county may appropriate and spend money from its general revenues to manage solid waste and to administer a solid waste program and may charge reasonable fees for those services.(b)  As sufficient funds are made available by the commission, a county shall develop county solid waste plans and coordinate those plans with the plans of:(1)  local governments, regional planning agencies, and other governmental entities, as prescribed by Subchapter D, Chapter 363;   and(2)  the commission.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 25, eff. Sept. 6, 1990;  Acts 1995, 74th Leg., ch. 76, Sec. 11.58, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.154 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter E. Powers and Duties of Local Governments|Section 361.154. County Licensing Authority

Sec. 361.154.  COUNTY LICENSING AUTHORITY.  (a)  Except as provided by Sections 361.151 and 361.152, a county may require and issue licenses authorizing and governing the operation and maintenance of facilities used to process, store, or dispose of solid waste, other than hazardous waste, in an area not in the territorial limits or extraterritorial jurisdiction of a municipality.(b)  If a county exercises licensing authority, it shall adopt and enforce rules for the management of solid waste.  The rules must be:(1)  compatible with and not less stringent than those of the commission;  and(2)  approved by the commission.(c)  Sections 361.155-361.161 apply if a county exercises licensing authority under this section.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.59, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.155 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter E. Powers and Duties of Local Governments|Section 361.155. County Notification of License Application to Commission

Sec. 361.155.  COUNTY NOTIFICATION OF LICENSE APPLICATION TO COMMISSION.  The county shall mail a copy of each license application with pertinent supporting data to the commission.  The commission has at least 60 days to submit comments and recommendations on the license application before the county may act on the application unless that privilege is waived by the commission.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.60, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.156 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter E. Powers and Duties of Local Governments|Section 361.156. Separate License for Each Facility

Sec. 361.156.  SEPARATE LICENSE FOR EACH FACILITY.  (a)  A county shall issue a separate license for each solid waste facility.(b)  A license under this subchapter may be issued only to the person in whose name the application is made and only for the facility described in the license.(c)  A license may not be transferred without prior notice to and approval by the county that issued it.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.157 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter E. Powers and Duties of Local Governments|Section 361.157. Contents of License

Sec. 361.157.  CONTENTS OF LICENSE.  A license for a solid waste facility issued by a county must include:(1)  the name and address of each person who owns the land on which the solid waste facility is located and the person who is or will be the operator or person in charge of the facility; (2)  a legal description of the land on which the facility is located;  and(3)  the terms and conditions on which the license is issued, including the duration of the license.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.158 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter E. Powers and Duties of Local Governments|Section 361.158. License Fee

Sec. 361.158.  LICENSE FEE.  (a)  A county may charge a license fee not to exceed $100, as set by the commissioners court of the county.(b)  The fees shall be deposited to the credit of the county's general fund.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.159 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter E. Powers and Duties of Local Governments|Section 361.159. License Issuance; Amendment, Extension, and Renewal

Sec. 361.159.  LICENSE ISSUANCE;  AMENDMENT, EXTENSION, AND RENEWAL.  (a)  A county may amend, extend, or renew a license it issues in accordance with county rules.(b)  The procedures prescribed by Section 361.155 apply to an application to amend, extend, or renew a license.(c)  A license for the use of a facility to process, store, or dispose of solid waste may not be issued, amended, renewed, or extended without the prior approval of the commission.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.61, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.160 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter E. Powers and Duties of Local Governments|Section 361.160. License Amendment

Sec. 361.160.  LICENSE AMENDMENT.  (a)  A county may, for good cause, after hearing with notice to the license holder and to the commission, amend a license it issues for reasons concerning:(1)  public health;(2)  air or water pollution;(3)  land use;  or(4)  a violation of this chapter or of other applicable laws or rules controlling the processing, storage, or disposal of solid waste.(b)  For similar reasons, the commission may for good cause amend a license issued by a county, after hearing with notice to:(1)  the license holder;  and(2)  the county that issued the license.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.62, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 33, eff. Sept. 1, 1997.|
TX Health & Safety Code § 361.161 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter E. Powers and Duties of Local Governments|Section 361.161. Permit From Commission Not Required

Sec. 361.161.  PERMIT FROM COMMISSION NOT REQUIRED.  If a county issues, amends, renews, or extends a license in accordance with Sections 361.154-361.160, the owner or operator of the facility is not required to obtain a permit from the commission for the same facility.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.62, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.162 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter E. Powers and Duties of Local Governments|Section 361.162. Designation of Areas Suitable for Facilities

Sec. 361.162.  DESIGNATION OF AREAS SUITABLE FOR FACILITIES.  (a)  Subject to the limitation under Sections 361.151 and 361.152, a county may designate land areas not in the territorial limits or extraterritorial jurisdiction of a municipality as suitable for use as solid waste facilities.(b)  The county shall base a designation on the principles of public health, safety, and welfare, including proper land use, compliance with state statutes, and other pertinent factors.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.163 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter E. Powers and Duties of Local Governments|Section 361.163. Cooperative Agreements With Local Governments

Sec. 361.163.  COOPERATIVE AGREEMENTS WITH LOCAL GOVERNMENTS.  A county may enter into cooperative agreements with local governments and other governmental entities to jointly operate solid waste management activities and to charge reasonable fees for the services.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.165 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter E. Powers and Duties of Local Governments|Section 361.165. Political Subdivisions With Jurisdiction in Two or More Counties

Sec. 361.165.  POLITICAL SUBDIVISIONS WITH JURISDICTION IN TWO OR MORE COUNTIES.  (a)  This section applies to a political subdivision of the state that:(1)  has jurisdiction of territory in more than one county;  and(2)  has been granted the power by the legislature to regulate solid waste handling or disposal practices or activities in its jurisdiction.(b)  The governing body of the political subdivision may, by resolution, assume for the political subdivision the exclusive authority to exercise, in the area subject to its jurisdiction, the powers granted by this chapter to a county, to the exclusion of the exercise of the same powers by the counties otherwise having jurisdiction over the area.(c)  In the exercise of those powers, the political subdivision is subject to the same duties, limitations, and restrictions applicable to a county under this chapter.(d)  A political subdivision that assumes the authority granted under this section:(1)  serves as the coordinator of all solid waste management practices and activities for municipalities, counties, and other governmental entities in its jurisdiction that have solid waste management regulatory powers or engage in solid waste management practices or activities;  and(2)  shall exercise the authority as long as the resolution of the political subdivision is effective.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.166 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter E. Powers and Duties of Local Governments|Section 361.166. Municipal Restrictions

Sec. 361.166.  MUNICIPAL RESTRICTIONS.  A municipality may not abolish or restrict the use or operation of a solid waste facility in its limits or extraterritorial jurisdiction if the solid waste facility:(1)  was in existence when the municipality was incorporated or was in existence when the municipality annexed the area in which it is located;  and(2)  is operated in substantial compliance with applicable state and county regulations.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.167 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter E. Powers and Duties of Local Governments|Section 361.167. Operation of Facility by Political Subdivision

Sec. 361.167.  OPERATION OF FACILITY BY POLITICAL SUBDIVISION.  A municipality or other political subdivision operating a solid waste facility may not be prevented from operating the solid waste facility on the ground that the facility is located in the limits or extraterritorial jurisdiction of another municipality.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.181 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter F. Registry and Cleanup of Certain Hazardous Waste Facilities|Section 361.181. State Registry: Annual Publication

Sec. 361.181.  STATE REGISTRY:  ANNUAL PUBLICATION.  (a)  The commission shall annually publish an updated state registry identifying, to the extent feasible, each facility that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment.(b)  The registry shall identify the relative priority for action at each listed facility.  The relative priority for action at facilities listed on the registry shall be periodically reviewed and revised by the commission as necessary to accurately reflect the need for action at the facilities.(c)  In this subchapter:(1)  "Facility" means any building, structure, installation, equipment, pipe, or pipeline (including any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft), or any site or area where a hazardous substance has been deposited, stored, disposed of, or placed or otherwise come to be located.  The term does not include any consumer product in consumer use or any vessel.(2)  "Homestead" has the meaning designated by Section 51, Article XVI, Texas Constitution.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990;  Acts 2003, 78th Leg., ch. 661, Sec. 1, eff. Sept. 1, 2003.|
TX Health & Safety Code § 361.182 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter F. Registry and Cleanup of Certain Hazardous Waste Facilities|Section 361.182. Investigations

Sec. 361.182.  INVESTIGATIONS.  (a)  The executive director may conduct investigations of facilities that are listed on the state registry, or that the executive director has reason to believe should be included on the state registry, in accordance with Sections 361.032, 361.033, and 361.037.(b)  If there is a reasonable basis to believe there may be a release or threatened release of a hazardous substance at a facility, the executive director may submit requests for information and requests for the production of documents to any person who has or may have information or documents relevant to:(1)  the identification, nature, or quantity of materials that have been generated, treated, stored, or disposed of at a facility or transported to a facility;(2)  the identification of soils, groundwater, or surface water at a facility that have been or may be affected by an actual or threatened release of a hazardous substance;(3)  the nature or extent of a release or threatened release of a hazardous substance at or from a facility;  or(4)  the ability of a person to pay for or to perform a remedial action.(c)  If the requested information or documents are not produced in a timely manner, the commission may issue an order directing compliance with the requests for information or production of documents.  Information or documents requested under Subsection (b) or this subsection are public records, except that the commission shall consider the copied records as confidential if a showing satisfactory to the commission is made by the owner of the records that the records would divulge trade secrets if made public.  This subsection does not require the commission to consider the composition or characteristics of hazardous substances being processed, stored, disposed of, or otherwise handled to be held confidential.(d)  The commission shall adopt rules regarding the provision of notice and an opportunity for a hearing before the commission on whether the requested information or documents should be produced.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990.|
TX Health & Safety Code § 361.183 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter F. Registry and Cleanup of Certain Hazardous Waste Facilities|Section 361.183. Registry Listing Procedure: Determination of Eligibility

Sec. 361.183.  REGISTRY LISTING PROCEDURE:  DETERMINATION OF ELIGIBILITY.  (a)  Before listing a facility on the state registry, the executive director shall determine whether the potential endangerment to public health and safety or the environment at the facility can be resolved by:(1)  the present owner or operator under the federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901);(2)  some or all of the potentially responsible parties identified in Subchapter I, under an agreed administrative order issued by the commission;  or(3)  an agreement under Subchapter S, as added by Chapter 986, Acts of the 74th Legislature, Regular Session, 1995.(b)  If the potential endangerment to public health and safety or the environment can be resolved in such a manner, the facility may not be listed on the state registry.  Notice of the approach selected to resolve the apparent endangerment to public health and safety or the environment and the fact that this action is being taken in lieu of listing the facility on the state registry shall be published in the Texas Register.(c)  If after reasonable efforts the executive director determines that the potential endangerment to public health and safety or the environment cannot be resolved by either of the approaches under Subsection (a), the executive director shall evaluate the facility to determine whether the site exceeds the commission's minimum criteria for listing on the state registry.  The commission by rule shall adopt the minimum criteria.  The executive director shall also evaluate the facility to determine whether it is eligible for listing on the federal National Priorities List.(d)  The commission shall proceed under this subchapter only if, based on information available to the executive director, the facility is eligible for listing on the state registry but not eligible for the federal National Priorities List.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990;  Acts 1997, 75th Leg., ch. 793, Sec. 3, eff. Sept. 1, 1997.|
TX Health & Safety Code § 361.185 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter F. Registry and Cleanup of Certain Hazardous Waste Facilities|Section 361.185. Investigation/feasibility Study

Sec. 361.185.  INVESTIGATION/FEASIBILITY STUDY.  (a)  After the public meeting or after opportunity to request a public meeting has passed, but before any listing of the facility on the state registry, the commission shall allow all identified potentially responsible parties the opportunity to fund or conduct, if appropriate, a remedial investigation/feasibility study, or a similar study as approved by the executive director, for the facility.  Not later than the 90th day after notice under Section 361.184(a) is issued, the potentially responsible parties may make a good faith offer to conduct the study.  If a good faith offer from all or some of the potentially responsible parties is received by the commission within that period, those making the offer have an additional 60 days within which to negotiate an agreed administrative order from the commission, which must include a scope of work.  In the agreed administrative order the commission may not require the participating potentially responsible parties to agree to perform the remedial action or admit liability for the facility remediation.(b)  If no potentially responsible party makes a good faith offer to conduct the remedial investigation/feasibility study or similar study as approved by the executive director or if the participating potentially responsible parties fail to conduct or complete an approved study, the commission may conduct or complete the study using funds from the hazardous waste disposal fee fund.(c)  To encourage potentially responsible parties to perform the remedial investigation/feasibility study or other similar study as approved by the executive director, costs for commission oversight of the study may not be assessed against those parties who fund or perform the study.  Nonparticipating potentially responsible parties who are ultimately determined to be liable for remediation of the facility under this chapter or who subsequently enter into an agreed order relative to the remediation of the facility may be assessed up to the full costs for commission oversight of the study process.  If all potentially responsible parties participate or agree to fund the remedial investigation/feasibility study or other similar study, all commission oversight costs shall be paid from the hazardous waste disposal fee fund.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 29, eff. Sept. 6, 1990.|