TX Health & Safety Code § 361.701 (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 U. Lender Liability|Section 361.701. Definitions

Sec. 361.701.  DEFINITIONS.  In this subchapter:(1)  "Extension of credit" includes a lease finance transaction:(A)  in which the lessor does not initially select the leased solid waste facility and does not during the lease term control the daily operations or maintenance of the solid waste facility;  or(B)  that conforms with, as appropriate, regulations issued by:(i)  the appropriate federal banking agency or the appropriate state bank supervisor, as those terms are defined by Section 3, Federal Deposit Insurance Act (12 U.S.C. Section 1813);  or(ii)  the National Credit Union Administration Board.(2)  "Financial or administrative function" includes a function such as a function of a credit manager, accounts payable officer, accounts receivable officer, personnel manager, comptroller, or chief financial officer, or a similar function.(3)  "Foreclosure" and "foreclose" mean, respectively, acquiring, and to acquire, a solid waste facility through:(A)  purchase at sale under a judgment or decree, power of sale, or nonjudicial foreclosure sale;(B)  a deed in lieu of foreclosure, or similar conveyance from a trustee;(C)  repossession, if the solid waste facility was security for an extension of credit previously contracted;(D)  conveyance under an extension of credit previously contracted, including the termination of a lease agreement;  or(E)  any other formal or informal manner by which the person acquires, for subsequent disposition, title to or possession of a solid waste facility in order to protect the security interest of the person.(4)  "Lender" means:(A)  an insured depository institution, as that term is defined by Section 3, Federal Deposit Insurance Act (12 U.S.C. Section 1813);(B)  an insured credit union, as that term is defined by Section 101, Federal Credit Union Act (12 U.S.C. Section 1752);(C)  a bank or association chartered under the Farm Credit Act of 1971 (12 U.S.C. Section 2001 et seq.);(D)  a leasing or trust company that is an affiliate of an insured depository institution;(E)  any person, including a successor or assignee of any such person, that makes a bona fide extension of credit to or takes or acquires a security interest from a nonaffiliated person;(F)  the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Agricultural Mortgage Corporation, or any other entity that in a bona fide manner buys or sells loans or interests in loans;(G)  a person that insures or guarantees against a default in the repayment of an extension of credit, or acts as a surety with respect to an extension of credit, to a nonaffiliated person;(H)  a person that provides title insurance and that acquires a solid waste facility as a result of assignment or conveyance in the course of underwriting claims and claims settlement;  and(I)  an agency of this state that makes an extension of credit to or acquires a security interest from:(i)  a federal or state agency;(ii)  a county, municipality, or other body politic or corporate of this state, including:(a)  a district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution;(b)  an interstate compact commission to which this state is a party;  or(c)  a nonprofit water supply corporation created and operating under Chapter 67, Water Code;  or(iii)  another person.(5)  "Operational function" includes a function such as that of a facility or plant manager, operations manager, chief operating officer, or chief executive officer.(6)  "Security interest" includes a right under a mortgage, deed of trust, assignment, judgment lien, pledge, security agreement, factoring agreement, or lease and any other right accruing to a person to secure the repayment of money, the performance of a duty, or any other obligation by a nonaffiliated person.(7)  "Solid waste facility":(A)  means:(i)  all contiguous land, including structures, appurtenances, and other improvements on the land, used for processing, storing, or disposing of solid waste, including a publicly or privately owned solid waste facility consisting of several processing, storage, or disposal operational units such as one or more landfills, surface impoundments, or a combination of units;  and(ii)  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, placed, or otherwise come to be located;  and(B)  does not include a:(i)  consumer product in consumer use;  or(ii)  vessel.|Added by Acts 1997, 75th Leg., ch. 793, Sec. 15, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.30, eff. Sept. 1, 1999.|