reglab/statecodes huggingface dataset:
2023 Texas Statutes › Vernon's Civil Statutes › Title 66 - Free Passes, Franks and Transportation › Article 4015. Penalty

Any corporation, company, association of persons or any person named in the first article of this title violating any provision of this title, except Article 4014, shall forfeit and pay to the State of Texas a penalty of five thousand dollars for each violation, to be recovered in suit by the State, brought by the Attorney General or by any county or district attorney under the direction of the Attorney General.
2023 Texas Statutes › Vernon's Civil Statutes › Title 66 - Free Passes, Franks and Transportation › Article 4015a. Unlawfully Using Free Pass

Any person, other than the persons excepted by law, who uses such free ticket, free pass or free transportation, frank or privilege over any railway or other transportation line or sleeping or express car, telegraph or telephone line mentioned in the preceding articles of this chapter, for any distance under the control and operation of either of said companies or under their authority, or shall knowingly or wilfully by any means or device whatsoever obtain, use or enjoy from any such company a less fare or rate than is charged, demanded, collected or received by any such company from any other person, firm, association of persons or corporations for doing for him, them or it, a like service, if the transportation or service is of a like kind of traffic or service under substantially similar circumstances and conditions, such person or such officer or agent who acts for such corporation or company thus favored, shall be fined not less than one hundred nor more than one thousand dollars.
Acts 1907, p. 96.
2023 Texas Statutes › Vernon's Civil Statutes › Title 66 - Free Passes, Franks and Transportation › Article 4015b. Evading Law

Any director, officer, agent or any receiver, trustee, lessee or person acting for, or employed by, any company subject to the provisions of the preceding articles of this chapter, who alone, or with any other corporation, company, persons or party, shall wilfully do, or cause to be done, or shall wilfully suffer, or permit to be done, any act, matter or thing in said articles prohibited, or who shall aid or abet therein, or shall wilfully omit or fail to do any act, matter or thing in this Act required to be done, or shall cause or wilfully suffer or permit any act, matter or thing so directed, required by said articles to be done, not to be done, or shall aid or abet any such omission or failure, or shall be guilty of any infraction of said articles, or shall aid or abet therein, shall be fined not less than one hundred nor more than one thousand dollars;  and, if the offense for which any person shall be convicted under this article shall be unlawful discrimination in rates, fares or charges for the transportation of passengers or property, or the transmission of messages, such person may, in addition to the fines hereinbefore provided for, at the discretion of the jury, be imprisoned in the penitentiary for not less than six months nor more than two years.
Acts 1907, p. 96.
2023 Texas Statutes › Vernon's Civil Statutes › Title 66 - Free Passes, Franks and Transportation › Article 4015c. May Be Compelled to Testify

In any investigation or prosecution under any provision of this chapter, the court or tribunal in which the same is pending may compel any person to attend and give testimony, and to produce such papers, books and documents as may be desired by the State.  No person shall be exempt from giving testimony therein, but no criminal action or proceeding shall be brought or prosecuted against such witness on account of any testimony so given or furnished by him.
Acts 1907, p. 97.
2023 Texas Statutes › Vernon's Civil Statutes › Title 66 - Free Passes, Franks and Transportation › Article 4015d. Reduced Rate for Officers

Any steam railroad company or any electric interurban railroad company or any person or persons operating the same, or any receiver or receivers, or lessee or lessees thereof, shall be permitted to transport between points wholly within this State at the reduced rate of one cent per mile, while traveling on official business connected with their respective offices, the following named peace officers, to-wit:  the Adjutant General;  State Rangers;  the sheriff of any county, his deputies to be designated by him;  constables;  chiefs of police and assistant chiefs and captains;  city marshals, chief of the detectives of any county or city, and assistant detectives.  Any such peace officer who shall procure transportation over any such railroad between points in this State under the provisions of this article and shall use the same for any other than official business connected with the duties of his office, or any person not entitled to the benefits of this law who shall falsely represent himself as entitled to such privileges and shall purchase or offer to purchase transportation over any such railroad company at the rate provided for herein, shall be fined not less than one hundred nor more than five hundred dollars, or be imprisoned in jail not exceeding six months, or both.
Acts 1921, p. 171.
2023 Texas Statutes › Vernon's Civil Statutes › Title 66 - Free Passes, Franks and Transportation › Article 4015e. Collecting Fare From State or Political Subdivision by Officer or Employee Using Free Pass › Section 1.

Sec. 1. No officer or employee of the State of Texas, any county, city, town, or village, or of any municipality or political subdivision, using or accepting the benefits of any free pass or franking privilege of any railroad, interurban, motor bus or other transportation line, shall charge, or collect from the State of Texas, or from any county, city, town, village, municipality or political subdivision, the fare or charge which, otherwise, he would have paid to such railroad, interurban, motor bus or other transportation line, by reason of the trip for which such free pass or frank was used.
2023 Texas Statutes › Vernon's Civil Statutes › Title 66 - Free Passes, Franks and Transportation › Article 4015e. Collecting Fare From State or Political Subdivision by Officer or Employee Using Free Pass › Section 2.

Sec. 2. Any officer or employee violating any provision of this Act shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding One Thousand ($1,000.00) Dollars.
Acts 1931, 42nd Leg., p. 267, ch. 161.
2023 Texas Statutes › Vernon's Civil Statutes › Title 66 - Free Passes, Franks and Transportation › Article 4015f. Preference in Transportation

By the word "preference" as used in this article is meant any advantage, privilege, right, opportunity, precedence, choice, favor, priority, or gain that is or may be, or is sought or purposed to be accorded, granted, given, allowed, permitted or extended to any person, place, or thing, as against any other person, place, or thing in the receipt, carriage, transportation, movement, placing, storing, handling, caring for or delivery of any freight, commodity or article, or any railroad car or by any common carrier in this State, or any agent or employé thereof.  Any person who shall ask, solicit, demand, or receive, directly or indirectly, from any person, corporate or otherwise, any money, reward, favor, benefit, or other thing of value, or the promise of either, as a consideration for procuring or effecting, or with the intent of the person asking, soliciting, demanding, charging or receiving the same, or the promise thereof, that such person can or will, seek or undertake to procure or effect any preference in the receipt, carriage, transportation, storing, movement, placing, handling, caring for, or delivery of any freight, commodity or article, or any railroad car by any common carrier in this State or any agent or employé thereof, shall be fined not less than one hundred nor more than one thousand dollars and be imprisoned in jail not less than thirty days nor more than six months.
Acts 1921, p. 34.
2023 Texas Statutes › Vernon's Civil Statutes › Title 66 - Free Passes, Franks and Transportation › Article 4015g. Suits for Penalty

(a)  A suit brought under this title for recovery of penalties may be brought in any county in which:
(1)  a violation of this title is committed;
(2)  the company or receiver has an agent or representative; or
(3)  the principal office of the company is located, or in which a receiver resides.
(b)  Of money collected from a penalty in this title:
(1)  half, less the commission and expenses allowed by law, shall be deposited in the state treasury; and
(2)  the remainder shall be paid into the jury fund of the county in which the suit may be maintained.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.07, eff. April 1, 2011.
2023 Texas Statutes › Vernon's Civil Statutes › Title 70 - Heads of Departments › Chapter 9 - Commissions and Agencies › Article 4413(47e-1). Superconducting Super Collider Facility; Activities Near Site › Section 1. Definitions

Sec. 1. DEFINITIONS.  In this Act:
(1) "Interaction region of the super collider" means an area above, below, or adjacent to a tunnel or other improvement used in any way with the super collider or an area designated by the United States Department of Energy as an interaction region of the super collider.
(2) "Super collider" means the superconducting super collider scientific project constructed and operated in Ellis County.
2023 Texas Statutes › Vernon's Civil Statutes › Title 70 - Heads of Departments › Chapter 9 - Commissions and Agencies › Article 4413(47e-1). Superconducting Super Collider Facility; Activities Near Site › Section 2. Prohibited Activities

Sec. 2. PROHIBITED ACTIVITIES.  A person may not conduct blasting, rock quarry operations, or another activity that causes ground motion in excess of one micron in frequencies of five hertz or less as measured at an interaction region of the super collider.
2023 Texas Statutes › Vernon's Civil Statutes › Title 70 - Heads of Departments › Chapter 9 - Commissions and Agencies › Article 4413(47e-1). Superconducting Super Collider Facility; Activities Near Site › Section 3. Injunction

Sec. 3. INJUNCTION.  The United States Department of Energy may bring an action to enjoin a violation of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 70 - Heads of Departments › Chapter 9 - Commissions and Agencies › Article 4413(47e-1). Superconducting Super Collider Facility; Activities Near Site › Section 4. Penalties

Sec. 4. PENALTIES.    (a)  A person who violates this Act commits an offense.
(b) An offense under this section is punishable by a fine of not less than $100 or more than $1,000, confinement in jail for not more than one year, or both.
Acts 1993, 73rd Leg., ch. 281, Sec. 1 to 4, eff. Sept. 1, 1993.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 1. General Provisions › Section 1.01. Purpose

Sec. 1.01. PURPOSE.  The purpose of this Act is to establish an instrumentality to develop and carry out for Gaines County a regional water quality protection program through solid waste management and regulation of waste disposal in accordance with state law.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 1. General Provisions › Section 1.02. Findings and Declaration of Policy

Sec. 1.02. FINDINGS AND DECLARATION OF POLICY.    (a)  The legislature finds that:
(1) the quality of water in Gaines County may be materially affected by the management of solid waste throughout the county;
(2) a countywide or regional effort to provide for the management of solid waste in accordance with state and federal law is far more effective than each incorporated or unincorporated community providing solid waste management services;
(3) solid waste, as well as other waste, may impair water quality by seepage or drainage;  and
(4) creation of the Gaines County Solid Waste Management District would advance the established policy of this state to maintain the quality of the water in the state consistent with:
(A) the public health and public enjoyment;
(B) the propagation and protection of terrestrial and aquatic life;
(C) the operation of existing industries;  and
(D) the economic development of the state.
(b) The legislature finds that this Act is in compliance with Article XVI, Sections 59(d) and (e), of the Texas Constitution and that the legislature has the power and authority to enact this Act.
(c) The legislature finds that all of the area included in the district is benefited by the exercise of the power conferred by this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 1. General Provisions › Section 1.03. Definitions

Sec. 1.03. DEFINITIONS.  In this Act:
(1) "Board" means the board of directors of the district.
(2) "Commission" means the Texas Water Commission.
(3) "County" means Gaines County, Texas.
(4) "Department" means the Texas Department of Health.
(5) "Director" means a member of the board.
(6) "District" means the Gaines County Solid Waste Management District created under this Act.
(7) "Industrial solid waste" has the meaning assigned by Section 361.003, Health and Safety Code.
(8) "Local government" means an incorporated municipality, a county, or a water or other special district or authority acting under Article III, Sections 52(b)(1) and (2), or Article XVI, Section 59, of the Texas Constitution.
(9) "Municipal solid waste" has the meaning assigned by Section 361.003, Health and Safety Code.
(10) "Outside the district" means the area contained in counties adjacent to the district.
(11) "Person" means an individual, public or private corporation, political subdivision, governmental agency, municipality, copartnership, association, firm, trust, estate, or any other legal entity.
(12) "Resource recovery facility" means a facility used to store, handle, sort, bail, recycle, process, and recover solid waste.
(13) "Rule" includes regulation.
(14) "Sewage" has the meaning assigned by Section 366.002, Health and Safety Code.
(15) "Solid waste" has the meaning assigned by Section 361.003, Health and Safety Code.
(16) "Solid waste management system" means a system for controlling all aspects of the collection, handling, transportation, processing, recovery, and disposal of solid waste.
(17) "Water" means groundwater, percolating or otherwise, lakes, bays, ponds, springs, rivers, streams, creeks, and all other bodies of surface water, natural or artificial, that are wholly or partially within the district.
(18) "Water pollution" means the alteration of the physical, chemical, or biological quality of or the contamination of water that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to public health, safety, or welfare, or that impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 2. Creation of District; Initial Appointment of Board › Section 2.01. Creation of District

Sec. 2.01. CREATION OF DISTRICT.  Pursuant to Article XVI, Section 59, of the Texas Constitution, a conservation and reclamation district to be known as the Gaines County Solid Waste Management District is created as a governmental agency and body politic and corporate of the state.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 2. Creation of District; Initial Appointment of Board › Section 2.02. Description

Sec. 2.02. DESCRIPTION.  The district's territory consists of the area within the boundaries of Gaines County.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 2. Creation of District; Initial Appointment of Board › Section 2.03. Appointment of Initial Directors

Sec. 2.03. APPOINTMENT OF INITIAL DIRECTORS.    (a)  On or after the effective date of this Act, the Commissioners Court of Gaines County shall appoint three persons, the governing body of the city of Seminole shall appoint two persons, and the governing body of the city of Seagraves shall appoint two persons to serve as initial directors of the district.  The four persons appointed by the governing bodies of the cities of Seminole and Seagraves shall represent the municipalities within the county, and the three persons appointed by the Commissioners Court of Gaines County shall represent the unincorporated areas of the county.
(b) A vacancy on the initial board shall be filled in the same manner as the original appointment for the unexpired term.
(c)  The Commissioners Court of Gaines County and the governing bodies of the cities of Seminole and Seagraves shall each appoint one initial director to serve a term expiring on May 1 of the first year after the year in which the original appointment is made.  In addition, the Commissioners Court of Gaines County shall appoint two initial directors and the governing bodies of the cities of Seminole and Seagraves shall each appoint one initial director to serve terms expiring on May 1 of the second year after the year in which the original appointment is made.   Successor directors serve two-year terms.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 2. Creation of District; Initial Appointment of Board › Section 2.04. Confirmation and Tax Election

Sec. 2.04. CONFIRMATION AND TAX ELECTION.  The directors shall call and hold an election within the boundaries of the proposed district to determine if the proposed district will be created and a tax authorized.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 2. Creation of District; Initial Appointment of Board › Section 2.05. Notice of Election

Sec. 2.05. NOTICE OF ELECTION.    (a)  Notice of the confirmation and tax election shall state the day and places for holding the election, the proposition to be voted on, and list the appointed directors.
(b) The board shall publish the notice of the election one time in one or more newspapers of general circulation in the proposed district.  The notice must be published before the 35th day before the date set for the election.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 2. Creation of District; Initial Appointment of Board › Section 2.06. Ballot Proposition

Sec. 2.06. BALLOT PROPOSITION.  The ballot shall be printed to permit voting for or against the proposition:  "The creation of the Gaines County Solid Waste Management District and the levy of a maintenance and operating tax in an amount not to exceed five cents on each $100 valuation."  The ballot shall include the names of the persons appointed as directors for the district.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 2. Creation of District; Initial Appointment of Board › Section 2.07. Canvassing Returns

Sec. 2.07. CANVASSING RETURNS.    (a)  Immediately after the confirmation and tax election, the presiding judge of each polling place shall deliver returns of the election to the board, and the board shall canvass the returns and declare the result.
(b) If a majority of the votes cast at the election favor creation of the district, the board shall declare the district created and shall enter the results in its minutes.  If a majority of the votes cast at the election are against the creation of the district, the board shall declare that the creation of the district was defeated and shall enter the results in its minutes.  The board shall file a copy of the election results with the commission.
(c) If a majority of the voters at the election vote against the creation of the district, the board may call and hold additional confirmation and tax elections, but another election to confirm creation of the district may not be called and held by the board before the first anniversary of the most recent confirmation and tax election.  If the creation of the district is not confirmed on or before the fifth anniversary of the effective date of this Act, this Act expires.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 2. Creation of District; Initial Appointment of Board › Section 2.08. Bond Proposition at Creation Election

Sec. 2.08. BOND PROPOSITION AT CREATION ELECTION.  At an election to confirm creation of the district and authorize the levy of taxes, the board may include a separate proposition on the ballot to approve the issuance by the district of bonds payable wholly or partially from property taxes.  The notice of the election under Section 2.05 of this Act must state the bond proposition that is to appear on the ballot.  The ballot shall be printed to permit voting for or against the proposition:  "The issuance of bonds in the amount of $__________ payable wholly (or partially) from property taxes for (STATE PURPOSE FOR WHICH BOND PROCEEDS TO BE USED) and the levy of taxes in payment of those bonds."  If a majority of the voters at the election approve the bond proposition, the board shall declare the result and enter it in its minutes, and the district, if its creation is confirmed, may issue the bonds in the amount authorized for the purpose authorized and may levy and collect taxes necessary to pay the principal of and interest on the bonds.  If a majority of the voters at the election do not approve the bond proposition, the temporary board shall declare the result and enter it in its minutes, and the district, if its creation is confirmed, may not issue the bonds payable in whole or in part by property taxes.  The board shall file a copy of the bond election results with the commission.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 3. District Administration › Section 3.01. Board of Directors

Sec. 3.01. BOARD OF DIRECTORS.    (a)  The district is governed by a board of directors composed of seven voting members who are appointed as provided by this Act.  However, the district shall change to a system of electing the voting directors if:
(1)  the Commissioners Court of Gaines County and the governing bodies of the cities of Seminole and Seagraves each pass a resolution calling for the election of the directors; or
(2)  the board receives a petition signed by at least 150 registered voters of Gaines County calling for the election of the directors.
(b) If the resolution is passed or the petition presented to the board as provided by Subsection (a) of this section, a directors' election shall be held on the first Saturday in May that occurs after the resolution is passed or the petition presented.  The board by order may postpone the election date for one year if:
(1) the election will occur within 60 days after the date the resolution is passed or the petition is presented;  or
(2) the board determines that there is not sufficient time to comply with the requirements of law and to order the election.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1049, Sec. 9.01(a)(12), eff. September 1, 2011.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 3. District Administration › Section 3.02. Method of Election

Sec. 3.02. METHOD OF ELECTION.    (a)  If directors are elected, one director shall be elected from each commissioner precinct and three directors shall be elected from the district at large.
(b) At the initial election of directors, the candidate receiving the highest number of votes from a commissioner precinct is the director for that precinct, and the three candidates receiving the highest number of votes from the district at large are the directors for the district at large.  If two or more persons tie for the third-highest vote, the Commissioners Court of Gaines County shall select the third member from those trying for the place.
(c) The candidates elected from the odd-numbered precincts and the two candidates elected from the district at large who receive the highest number of votes at the initial election serve for a term of two years.  The candidates elected from the even-numbered precincts and the candidate elected from the district at large who receives the third-highest number of votes at that election serve for a term of one year.
(d) After the initial election of directors, an election shall be held on the first Saturday in May each year and the appropriate number of successor directors shall be elected for two-year terms.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 3. District Administration › Section 3.03. Qualifications for Office

Sec. 3.03. QUALIFICATIONS FOR OFFICE.    (a)  To be eligible to be appointed as, to be a candidate for, or to serve as a voting director, a person must be:
(1) a resident of the district;  and
(2) a qualified voter.
(b) In addition to the qualifications required by Subsection (a) of this section, a person who is elected from a commissioner precinct or who is appointed to fill a vacancy for a commissioner precinct must be a resident of that commissioner precinct.
(c) Each voting director must execute a bond in the amount of $5,000 with a corporate surety authorized to do business in this state and conditioned on the faithful performance of the director's duties.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 3. District Administration › Section 3.04. Application for Election

Sec. 3.04. APPLICATION FOR ELECTION.    (a)  A person who wishes to have the person's name printed on the ballot at a directors' election as a candidate for director shall file an application with the secretary of the district.
(b) The application must specify the commissioner precinct the candidate wishes to represent or specify that the candidate wishes to represent the district at large.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 3. District Administration › Section 3.05. Beginning of Director's Term

Sec. 3.05. BEGINNING OF DIRECTOR'S TERM.  A director shall take office at the first regular meeting of the board in May following the director's appointment or election and qualification.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 3. District Administration › Section 3.06. Vacancy on Board

Sec. 3.06. VACANCY ON BOARD.    (a)  If the directors are appointed, a vacancy on the board shall be filled in the same manner as the original appointment for the unexpired term.
(b) If the directors are elected, the vacancy of an elected director's position on the board shall be filled by appointment of the remaining members of the board until the next election of directors for the district.  If that position is not scheduled to be filled at that election, the person elected to fill the position serves only for the remainder of the unexpired term.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 3. District Administration › Section 3.07. Oath

Sec. 3.07. OATH.  Each director shall file the statement and take the constitutional oath of office required of state officers.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 3. District Administration › Section 3.08. Organization of Board

Sec. 3.08. ORGANIZATION OF BOARD.    (a)  After each annual appointment or election of directors, the board shall hold a regular meeting in May at the district office and shall organize by electing from the members of the board one person to serve as chairman, one person to serve as vice-chairman, and one person to serve as secretary.
(b) A person selected to serve as chairman, vice-chairman, or secretary serves in that capacity for a term of one year.
(c) The chairman shall preside over meetings of the board, and in the chairman's absence the vice-chairman shall preside.
(d) The chairman, vice-chairman, and secretary shall perform the duties and may exercise the powers specifically given them by this Act or by orders of the board.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 3. District Administration › Section 3.09. Meeting and Actions of the Board

Sec. 3.09. MEETING AND ACTIONS OF THE BOARD.    (a)  The board shall meet at least one time each month and may meet at any other time.
(b) A majority of the voting members of the board constitute a quorum for the transaction of business of the district.
(c) Except as otherwise provided by this Act, the vote of a majority of the voting directors is required for board action.
(d) The board shall adopt bylaws at its first meeting or as soon after the first meeting as practicable.  The board's bylaws must prescribe the powers, duties, and procedures for removal from a board office.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 3. District Administration › Section 3.10. Other Officers

Sec. 3.10. OTHER OFFICERS.    (a)  The board may appoint a treasurer and an attorney for the district.
(b) The persons appointed under this section are entitled to the compensation provided by the district's budget.
(c) The person appointed as treasurer shall execute a bond in the amount determined by the board, payable to the district, conditioned on the faithful performance of the treasurer's duties.  The district shall pay for the bond.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 3. District Administration › Section 3.11. Interest in Contract

Sec. 3.11. INTEREST IN CONTRACT.  A director who is financially interested in a contract to be executed by the district for the purchase of property or the construction of facilities shall disclose that fact to the other directors and may not vote on the acceptance of the contract.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 3. District Administration › Section 3.12. Director's Compensation

Sec. 3.12. DIRECTOR'S COMPENSATION.    (a)  A director is entitled to receive $25 a day and reimbursement for actual and necessary expenses incurred:
(1) for each day the director attends meetings of the board;  and
(2) for each day the director attends to the business of the district that is authorized by board resolution or motion.
(b) A director is not entitled to receive a per diem allowance for more than 30 days in any one calendar year.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 3. District Administration › Section 3.13. General Manager; Personnel

Sec. 3.13. GENERAL MANAGER;  PERSONNEL.    (a)  The board may employ a general manager for a term and salary set by the board.
(b) The general manager is the chief executive officer of the district.  Under policies established by the board, the general manager is responsible to the board for:
(1) administering the directives of the board;
(2) keeping the district's records, including minutes of the board's meetings;
(3) coordinating with state, federal, and local agencies;
(4) developing plans and programs for the board's approval;
(5) hiring, supervising, training, and discharging district employees;
(6) contracting for or retaining technical, scientific, legal, fiscal, and other professional services;  and
(7) performing any other duty assigned to the general manager by the board.
(c) The board may discharge the general manager on a majority vote of all of the voting directors.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 3. District Administration › Section 3.14. Director's and Employee's Bonds

Sec. 3.14. DIRECTOR'S AND EMPLOYEE'S BONDS.    (a)  The general manager and each employee of the district charged with the collection, custody, or payment of any money of the district shall execute a fidelity bond.  The board shall approve the form, amount, and surety of the bond.
(b) The district shall pay the premiums on the employees' bonds under this section.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 3. District Administration › Section 3.16. Records

Sec. 3.16. RECORDS.    (a)  The district shall keep complete and accurate accounts of its business transactions in accordance with generally accepted methods of accounting.
(b) The district shall keep complete and accurate minutes of its meetings.
(c) The district shall maintain its accounts, contracts, documents, minutes, and other records at its principal office.
(d) Neither the board nor its employees may disclose a district record that relates to trade secrets or the economics of an industry's operations.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 3. District Administration › Section 3.17. Contracts

Sec. 3.17. CONTRACTS.  The board may enter into contracts for administration or services as provided by this Act, and those contracts shall be executed by the board in the name of the district.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 3. District Administration › Section 3.18. Supervision of District

Sec. 3.18. SUPERVISION OF DISTRICT.  The district is subject to the continuing right of supervision by the state, in accordance with state law.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 3. District Administration › Section 3.19. Suits; Payment of Judgments

Sec. 3.19. SUITS;  PAYMENT OF JUDGMENTS.    (a)  The district may, through its board, sue and be sued in any court of this state in the name of the district.  Service of process in a suit may be had by serving the general manager or other officers appointed by the board.
(b) The courts of this state shall take judicial notice of the creation of the district.
(c) A court of this state that renders a money judgment against the district may require the board to pay the judgment from money in the district depository that is not dedicated to the payment of any indebtedness of the district.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 3. District Administration › Section 3.20. Seal

Sec. 3.20. SEAL.  The board shall adopt a seal for the district and may alter the form of the seal from time to time.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 4. District Powers and Duties › Section 4.01. General Powers and Duties

Sec. 4.01. GENERAL POWERS AND DUTIES.    (a)  The district shall administer and enforce this Act and shall use its facilities and powers to accomplish the purposes of this Act.
(b) After notice and hearing, the board may adopt rules necessary to carry out this Act. The board shall adopt rules providing procedures for giving notice and holding hearings.
(c) The district shall prepare and adopt plans for and shall purchase, obtain permits for, construct, acquire, own, operate, maintain, repair, improve, and extend inside and outside the boundaries of the district any works, improvements, landfills, recycling facilities, waste-to-energy facilities, composting facilities, transfer stations, storage sites, and other facilities, plants, pipelines, equipment, and appliances necessary to transport, process, dispose of, and control solid waste and to protect groundwater within the district in accordance with state law.
(d) The district shall acquire all permits required by state law that are necessary to carry out this article.
(e) The district may conduct studies and research for the disposal of solid waste and the protection of water within the district.
(f) The regulatory powers of the district under this Act extend to every person within the district.
(g) Except as expressly limited by this Act, the district has all powers, rights, and privileges necessary and convenient for accomplishing the purposes of this Act conferred by general law on a conservation and reclamation district created under Article XVI, Section 59, of the Texas Constitution.
(h) Subject only to the authority vested in other entities by general law, including those vested in the commission by Chapter 26, Water Code, and those vested in the department by Chapter 361, Health and Safety Code, the district may control water pollution within the district.
(i) The powers granted to the district by this Act are cumulative of all powers granted by other laws that are by their terms applicable to the district.
(j) The district may not provide solid waste collection services without an interlocal agreement approved by the county, the city of Seminole, and the city of Seagraves.  However, the district shall purchase equipment, facilities, containers, and other necessary items for collection services if the district adopts a recycling program.
(k) The district may not contract with a person outside the boundaries of the district to provide to that person solid waste management services or any other service authorized under this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 4. District Powers and Duties › Section 4.02. Gifts, Grants, Loans, and Other Funds

Sec. 4.02. GIFTS, GRANTS, LOANS, AND OTHER FUNDS.  To carry out any purposes or powers under this Act, the district may apply for, accept, receive, and administer gifts, grants, loans, and other funds available from any source.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 4. District Powers and Duties › Section 4.03. Consultation, Contracts, and Cooperation With Other Governmental Agencies and Entities

Sec. 4.03. CONSULTATION, CONTRACTS, AND COOPERATION WITH OTHER GOVERNMENTAL AGENCIES AND ENTITIES.  To carry out any purposes or powers under this Act, the district may advise, consult, contract, and cooperate with the federal government and its agencies, the state and its agencies, local governments, and private entities.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 4. District Powers and Duties › Section 4.04. Acquisition of Property

Sec. 4.04. ACQUISITION OF PROPERTY.  The district may acquire by gift, grant, devise, purchase, or lease any land, easements, rights-of-way, and other property interests inside the district necessary to carry out the powers and duties provided by this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 4. District Powers and Duties › Section 4.05. Eminent Domain

Sec. 4.05. EMINENT DOMAIN.    (a)  The district may acquire land within the district for the purposes authorized by Section 4.01(c) of this Act by condemnation if the board determines, after notice and hearing, that it is necessary.
(b) The district must exercise the power of eminent domain in the manner provided by Chapter 21, Property Code, but the district is not required to:
(1) deposit in the trial court money or a bond as provided by Section 21.021(a), Property Code;
(2) pay in advance or give bond or other security for costs in the trial court;
(3) give bond for the issuance of a temporary restraining order or a temporary injunction;  or
(4) give bond for costs or supersedeas on an appeal or writ of error.
(c) If the district, in the exercise of the power of eminent domain, requires relocating, raising, lowering, rerouting, changing the grade, or altering the construction of any railroad, highway, pipeline, or electric transmission and electric distribution, telegraph or telephone lines, conduits, poles or facilities, the district must bear the actual cost of relocating, raising, lowering, rerouting, changing the grade, or altering the construction to provide comparable replacement without enhancement of facilities, after deducting the net salvage value derived from the old facility.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 4. District Powers and Duties › Section 4.06. Authority to Enter Into Construction, Renovation, and Repair Contracts

Sec. 4.06. AUTHORITY TO ENTER INTO CONSTRUCTION, RENOVATION, AND REPAIR CONTRACTS.  The district may contract with any person to construct, renovate, or repair any of its works, improvements, or facilities, or other plants, pipelines, equipment, and appliances and, from time to time, make improvements to them.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 4. District Powers and Duties › Section 4.07. Bids on Contracts

Sec. 4.07. BIDS ON CONTRACTS.  Contracts entered into under Section 4.06 of this Act requiring an expenditure of more than $15,000 may be made only after competitive bidding as provided by Subchapter B, Chapter 271, Local Government Code.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 4. District Powers and Duties › Section 4.08. Attachments to Contracts

Sec. 4.08. ATTACHMENTS TO CONTRACTS.  A contract entered into under Section 4.06 of this Act must contain, or have attached to it, the specifications, plans, and details for work included in the contract, and work shall be done according to those plans and specifications under the supervision of the district.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 4. District Powers and Duties › Section 4.09. Execution and Availability of Contracts

Sec. 4.09. EXECUTION AND AVAILABILITY OF CONTRACTS.    (a)  A contract entered into under Section 4.06 of this Act must be in writing and signed by the contractor and a representative of the district designated by the board.
(b) The contract shall be kept in the district's office and must be available for public inspection.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 4. District Powers and Duties › Section 4.10. Contractor's Bond

Sec. 4.10. CONTRACTOR'S BOND.    (a)  A contractor shall execute a bond in an amount determined by the board, not to exceed the contract price, payable to the district and approved by the board, conditioned on the faithful performance of the obligations, agreements, and covenants of the contract.
(b) The bond must provide that if the contractor defaults on the contract, the contractor will pay to the district all damages sustained as a result of the default.  The bond shall be deposited in the district's depository, and a copy of the bond shall be kept in the district's office.
2023 Texas Statutes › Vernon's Civil Statutes › Title 71 - Health--Public › Chapter 4A - Sanitation and Health Protection › Article 4477-7j. Gaines County Solid Waste Management Act › Article 4. District Powers and Duties › Section 4.11. Monitoring Work

Sec. 4.11. MONITORING WORK.    (a)  The board has control of construction, renovation, or repairs being done for the district under a contract entered into under Section 4.06 of this Act and shall determine whether or not the contract is being fulfilled.
(b) The board shall have the construction, renovation, or repair work inspected by engineers, inspectors, and personnel of the district.
(c) During the progress of the work, the engineers, inspectors, and personnel doing the inspections shall submit to the board written reports that show whether or not the contractor is complying with the contract.
(d) On completion of construction, renovation, or repair work, the engineers, inspectors, and personnel shall submit to the board a final detailed written report including information necessary to show whether or not the contractor has fully complied with the contract.