reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 362 - Solid Waste Resource Recovery Financing Act › Subchapter C. Bonds › Section 362.042. Legal Investments; Security for Deposits

Sec. 362.042.  LEGAL INVESTMENTS;  SECURITY FOR DEPOSITS.  (a)  Bonds issued under this chapter are legal and authorized investments for:
(1)  a bank;
(2)  a savings bank;
(3)  a trust company;
(4)  a savings and loan association;
(5)  an insurance company;
(6)  a fiduciary;
(7)  a trustee;  and
(8)  a sinking fund of a municipality, county, school district, or other political corporation or subdivision of the state.
(b)  The bonds may secure the deposits of public funds of the state or a municipality, county, school district, or other political corporation or subdivision of the state.  The bonds are lawful and sufficient security for those deposits in an amount up to their face value, if accompanied by all appurtenant unmatured coupons.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 362 - Solid Waste Resource Recovery Financing Act › Subchapter C. Bonds › Section 362.043. Bonds Not General Obligation

Sec. 362.043.  BONDS NOT GENERAL OBLIGATION.  The bonds are special obligations payable solely from revenues pledged to their payment and are not general obligations of the governing body, the issuer, or the state.  A bondholder may not demand payment from money obtained from a tax or other revenue of the issuer, excluding revenues pledged to the payment of the bonds.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter A. General Provisions › Section 363.001. Short Title

Sec. 363.001.  SHORT TITLE.  This chapter may be cited as the Comprehensive Municipal Solid Waste Management, Resource Recovery, and Conservation Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter A. General Provisions › Section 363.002. Policy

Sec. 363.002.  POLICY.  It is this state's policy to safeguard the health, general welfare, and physical property of the people and to protect the environment by encouraging the reduction in solid waste generation and the proper management of solid waste, including disposal and processing to extract usable materials or energy.  Encouraging a cooperative effort among federal, state, and local governments and private enterprise, to accomplish the purposes of this chapter, will further that policy.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter A. General Provisions › Section 363.005. Application of Chapter

Sec. 363.005.  APPLICATION OF CHAPTER.  This chapter applies only to solid waste and hazardous waste as described by Sections 361.011 and 361.012.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.033, eff. Aug. 12, 1991.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter A. General Provisions › Section 363.006. Construction of Chapter; Exemptions

Sec. 363.006.  CONSTRUCTION OF CHAPTER;  EXEMPTIONS.  (a)  This chapter does not prohibit or limit a person from extracting or using materials that the person generates or legally collects or acquires for recycling or resale.
(b)  Materials that are separated or recovered from solid waste for reuse or recycling by the generator, by a private person under contract with the generator, or by a collector of solid waste or recovered materials are not subject to this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter A. General Provisions › Section 363.007. Statutes Not Affected by Chapter

Sec. 363.007.  STATUTES NOT AFFECTED BY CHAPTER.  This chapter does not affect:
(1)  Chapter 361 (Solid Waste Disposal Act);
(2)  Chapter 364 (County Solid Waste Control Act);  or
(3)  Chapter 362 (Solid Waste Resource Recovery Financing Act).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter B. Commission Powers and Duties › Section 363.021. Commission Rulemaking Authority

Sec. 363.021.  COMMISSION RULEMAKING AUTHORITY.  The commission may adopt rules necessary to implement this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.94, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter B. Commission Powers and Duties › Section 363.022. Commission Powers and Duties

Sec. 363.022.  COMMISSION POWERS AND DUTIES.  (a)  The commission shall implement and enforce this chapter.
(b)  The commission shall:
(1)  provide technical assistance to public agencies and planning regions and cooperate with federal agencies and private organizations in carrying out this chapter;
(2)  promote planning for and implementation of the recovery of materials and energy from solid waste;
(3)  establish guidelines for regional and local municipal solid waste management plans;
(4)  review and approve or disapprove regional and local municipal solid waste management plans;
(5)  assist the advisory council in its duties;
(6)  provide educational and informational programs to promote effective municipal solid waste management practices and to encourage resource recovery;
(7)  provide procedures under which public agencies and planning regions may apply for financial assistance grants;
(8)  evaluate applications and award financial assistance grants in accordance with commission rules;  and
(9)  coordinate programs under this chapter with other state agencies, including the Railroad Commission of Texas and any other state or federal agency having an interest in a program or project.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.94, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter B. Commission Powers and Duties › Section 363.023. Application for Federal Funds; Contracts and Agreements With Federal Government

Sec. 363.023.  APPLICATION FOR FEDERAL FUNDS;  CONTRACTS AND AGREEMENTS WITH FEDERAL GOVERNMENT.  The commission may apply for and accept federal funds and enter into contracts and agreements with the federal government relating to planning, developing, maintaining, and enforcing the municipal solid waste management program.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.94, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter B. Commission Powers and Duties › Section 363.024. Disbursement of Federal Funds

Sec. 363.024.  DISBURSEMENT OF FEDERAL FUNDS.  (a)  The commission may accept and disburse funds received from the federal government for purposes relating to solid waste management and resource recovery in the manner provided by this chapter and by agreement between the federal government and the commission.
(b)  State funds provided to public agencies or planning regions under this chapter may be combined with local or regional funds to match federal funds on approved programs for municipal solid waste management.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.94, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter C. Advisory Council › Section 363.041. Composition of Advisory Council

Sec. 363.041.  COMPOSITION OF ADVISORY COUNCIL.  The Municipal Solid Waste Management and Resource Recovery Advisory Council is composed of the following 18 members appointed by the commission:
(1)  an elected official from a municipality with a population of 750,000 or more;
(2)  an elected official from a municipality with a population of 100,000 or more but less than 750,000;
(3)  an elected official from a municipality with a population of 25,000 or more but less than 100,000;
(4)  an elected official from a municipality with a population of less than 25,000;
(5)  two elected officials of separate counties, one of whom is from a county with a population of less than 150,000;
(6)  an official from a municipality or county solid waste agency;
(7)  a representative from a private environmental conservation organization;
(8)  a representative from a public solid waste district or authority;
(9)  a representative from a planning region;
(10)  a representative of the financial community;
(11)  a representative from a solid waste management organization composed primarily of commercial operators;
(12)  two persons representing the public who would not otherwise qualify as members under this section;
(13)  a registered waste tire processor;
(14)  a professional engineer from a private engineering firm with experience in the design and management of solid waste facilities;
(15)  a solid waste professional with experience managing or operating a commercial solid waste landfill;  and
(16)  a person who is experienced in the management and operation of a composting or recycling facility or an educator with knowledge of the design and management of solid waste facilities.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 899, Sec. 3.12, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.95, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 408, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter C. Advisory Council › Section 363.042. Terms; Vacancies

Sec. 363.042.  TERMS;  VACANCIES.  (a)  Advisory council members serve for staggered six-year terms, with the terms of five members expiring August 31 of each odd-numbered year.
(b)  The commission shall fill a vacancy on the advisory council for the unexpired term by appointing a person who has the same qualifications as required under Section 363.041 for the person who previously held the vacated position.
(c)  A person who is appointed to a term on the advisory council or to fill a vacancy on the advisory council may continue to serve as a member only while the person continues to qualify for the category from which the person is appointed.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.96, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter C. Advisory Council › Section 363.043. President

Sec. 363.043.  PRESIDENT.  (a)  The commission chairman shall appoint one member as advisory council president.
(b)  The advisory council president serves for a term of two years expiring August 31 of each odd-numbered year.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.97, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter C. Advisory Council › Section 363.044. Payment of and Reimbursement for Expenses

Sec. 363.044.  PAYMENT OF AND REIMBURSEMENT FOR EXPENSES.  (a)  Each advisory council member is entitled to compensation and reimbursement of travel expenses incurred by the member while conducting the business of the advisory council, as provided in the General Appropriations Act.
(b)  The expenses incurred by the advisory council are to be paid from the planning fund, the technical assistance fund, or other money available for that purpose.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.98, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 408, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter C. Advisory Council › Section 363.045. Meetings

Sec. 363.045.  MEETINGS.  (a)  The advisory council shall adopt and may amend procedures for the conduct of advisory council business.
(b)  The advisory council shall hold at least one meeting every three months.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter C. Advisory Council › Section 363.046. Duties

Sec. 363.046.  DUTIES.  The advisory council shall:
(1)  review and evaluate the effect of state policies and programs on municipal solid waste management;
(2)  make recommendations to the executive director and the commission on matters relating to municipal solid waste management;
(3)  recommend legislation to the commission to encourage the efficient management of municipal solid waste;
(4)  recommend policies to the commission for the use, allocation, or distribution of the planning fund that include:
(A)  identification of statewide priorities for use of funds;
(B)  the manner and form of application for financial assistance;  and
(C)  criteria, in addition to those prescribed by Section 363.093(d), to be evaluated in establishing priorities for providing financial assistance to applicants;  and
(5)  recommend to the executive director special studies and projects to further the effectiveness of municipal solid waste management and resource recovery.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.99, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter D. Regional and Local Solid Waste Management Plans › Section 363.061. Commission Rules; Approval of Regional and Local Solid Waste Management Plans

Sec. 363.061.  COMMISSION RULES;  APPROVAL OF REGIONAL AND LOCAL SOLID WASTE MANAGEMENT PLANS.  (a)  The commission shall adopt rules relating to regional and local solid waste management plans, including procedures for review and criteria for approval of those plans.
(b)  The commission by rule shall require as criteria for approval of a regional or local solid waste management plan that the plan reflect consideration of the preference of municipal solid waste management methods under Section 361.022 (Solid Waste Disposal Act).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.99, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter D. Regional and Local Solid Waste Management Plans › Section 363.0615. Responsibility for Regional Planning

Sec. 363.0615.  RESPONSIBILITY FOR REGIONAL PLANNING.  (a)  A council of governments has primary responsibility for the regional planning process.
(b)  A planning region may be divided into subregions as part of the regional planning process. If a planning region is divided into subregions, the council of governments with jurisdiction in the planning region may assist the local governments constituting a subregion to develop a joint local solid waste management plan that provides for solid waste services for solid waste generated within that subregion.
(c)  A council of governments may:
(1)  employ personnel necessary to carry out the regional planning process, including an administrator for each subregion if subregions are established;  and
(2)  adopt rules necessary to carry out responsibilities concerning the regional planning process.
(d)  In this section, "council of governments" means a regional planning commission created under Chapter 391, Local Government Code.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 31(b), eff. Sept. 6, 1990.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter D. Regional and Local Solid Waste Management Plans › Section 363.0616. Preparation of Regional Plan by Other Public Agency in Certain Regions

Sec. 363.0616.  PREPARATION OF REGIONAL PLAN BY OTHER PUBLIC AGENCY IN CERTAIN REGIONS.  (a)  In a 10-county region with a population of less than 300,000, a council of governments is not required to prepare a regional solid waste management plan for that region if a public agency other than a municipality or county has received state funds for that purpose and has prepared a plan that has been approved by the state agency that administered the state funds.
(b)  In this section, "council of governments" means a regional planning commission created under Chapter 391, Local Government Code.
Added by Acts 1991, 72nd Leg., ch. 267, Sec. 1, eff. June 5, 1991.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter D. Regional and Local Solid Waste Management Plans › Section 363.062. Regional Solid Waste Management Plan

Sec. 363.062.  REGIONAL SOLID WASTE MANAGEMENT PLAN.  (a)  A planning region shall develop a regional solid waste management plan as provided by Section 363.0635 that must conform to the state solid waste management plan.
(b)  A regional solid waste management plan shall be submitted to the commission for review.
(c)  If the commission determines that a regional solid waste management plan conforms to the requirements adopted by the commission, the commission shall consider the regional solid waste management plan for approval.
(d)  In each even-numbered year on the anniversary of the adoption of a municipal solid waste management plan, each planning region shall report to the commission on the progress of the region's municipal solid waste management program and recycling activities developed under this section.  The commission may not require a planning region to submit to the commission information previously submitted to the commission by the planning region in an earlier plan or report.
(e)  If the commission determines that a regional solid waste management plan does not conform to the requirements adopted by the commission, the commission shall give written notice to the planning region of each aspect of the plan that must be changed to conform to commission requirements.  After the changes have been made in the plan as provided by the commission, the commission shall consider the plan for approval.
(f)  The commission by rule shall adopt an approved regional solid waste management plan.
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. 31(a), eff. Sept. 6, 1990;  Acts 1993, 73rd Leg., ch. 899, Sec. 2.09, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 1045, Sec. 13, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.100, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter D. Regional and Local Solid Waste Management Plans › Section 363.063. Local Solid Waste Management Plan

Sec. 363.063.  LOCAL SOLID WASTE MANAGEMENT PLAN.  (a)  A local government shall develop a local solid waste management plan as provided by Section 363.0635.
(b)  A local solid waste management plan must conform to the adopted regional solid waste management plan that covers the area in the local government's jurisdiction.
(c)  A local solid waste management plan shall be submitted to the commission for review.  If the commission determines that the plan conforms to the requirements adopted by the commission, the commission shall consider the plan for approval.
(d)  In each even-numbered year on the anniversary of the adoption of a municipal solid waste management plan, each local government shall report to the commission on the progress of its municipal solid waste management program and recycling activities implemented under this section.  The commission may not require a local government to submit to the planning region or to the commission information previously submitted to the planning region or commission by the local government in an earlier plan or report.
(e)  If the commission determines that a local solid waste management plan does not conform to the requirements adopted by the commission, the commission shall give written notice to the local government of each aspect of the plan that must be changed to conform to commission requirements.  After changes are made in the plan as requested by the commission, the commission shall consider the plan for approval.
(f)  The commission by rule shall adopt an approved local solid waste management plan.
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. 31(c), eff. Sept. 6, 1990;  Acts 1993, 73rd Leg., ch. 899, Sec. 2.10, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 1045, Sec. 14, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.101, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter D. Regional and Local Solid Waste Management Plans › Section 363.0635. Schedule for Adoption of Plans

Sec. 363.0635.  SCHEDULE FOR ADOPTION OF PLANS.  (a)  The commission shall establish a time schedule by which each planning region existing on September 1, 1989, shall develop a regional solid waste management plan, and local governments located in those planning regions shall develop local solid waste management plans as required by this section.
(b)  The time schedule shall be based on the availability of funds to provide financial assistance to planning regions and local governments as prescribed by Sections 363.091 through 363.093 for the development of those plans.
(c)  Unless otherwise required by federal law or federal regulations, a planning region or local government is not required to develop a solid waste management plan until after the date on which funds are provided to that planning region or local government by the commission as prescribed by Sections 363.091 through 363.093 for the development of plans.
(d)  Each planning region existing on September 1, 1989, shall develop a regional solid waste management plan, and local governments located in that planning region shall develop local solid waste management plans in accordance with the time schedule established by the commission and as provided by this subchapter.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 31(d), eff. Sept. 6, 1990.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.102, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter D. Regional and Local Solid Waste Management Plans › Section 363.065. Planning Process; Planning Area

Sec. 363.065.  PLANNING PROCESS;  PLANNING AREA.  (a)  A regional or local solid waste management plan must result from a planning process that:
(1)  is related to proper management of solid waste in the planning area under consideration;  and
(2)  identifies problems and collects and evaluates data necessary to provide a written public statement of goals, objectives, and recommended actions intended to accomplish those goals and objectives.
(b)  A regional solid waste management plan must consider the entire area in an identified planning region.
(c)  A local solid waste management plan must consider all the area in the jurisdiction of one or more local governments but may not include an entire planning region.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter D. Regional and Local Solid Waste Management Plans › Section 363.066. Conformity With Regional or Local Solid Waste Management Plan

Sec. 363.066.  CONFORMITY WITH REGIONAL OR LOCAL SOLID WASTE MANAGEMENT PLAN.  (a)  On the adoption of a regional or local solid waste management plan by commission rule, public and private solid waste management activities and state regulatory activities must conform to that plan.
(b)  The commission may grant a variance from the adopted plan under procedures and criteria adopted by 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. 31(f), eff. Sept. 6, 1990;  Acts 1995, 74th Leg., ch. 76, Sec. 11.104, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter D. Regional and Local Solid Waste Management Plans › Section 363.067. Study Required for Resource Recovery or Other Solid Waste Management Systems

Sec. 363.067.  STUDY REQUIRED FOR RESOURCE RECOVERY OR OTHER SOLID WASTE MANAGEMENT SYSTEMS.  (a)  To develop programs to implement regional or local solid waste management plans or other solid waste management alternatives that include resource recovery, a study must be made to determine feasibility and acceptance of the programs.
(b)  The study shall be conducted in three phases:
(1)  a screening study;
(2)  a feasibility study;  and
(3)  an implementation study.
(c)  Public agencies that conduct all or part of one or more phases may qualify for assistance to accomplish other phases or parts of phases.
(d)  After each phase, the governing body shall determine whether to proceed to the next phase.
(e)  A study may not include final design and working drawings of any request for proposals for project facilities or operations.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter D. Regional and Local Solid Waste Management Plans › Section 363.068. Screening Study

Sec. 363.068.  SCREENING STUDY.  (a)  A screening study must provide a survey and assessment of the various factors affecting the suitability of resource recovery or other solid waste management systems with the scope and detail needed to make an initial determination of whether those systems are potentially successful alternatives to existing systems.
(b)  The survey and assessment must include:
(1)  the amount and characteristics of available waste;
(2)  the suitability and economics of existing solid waste management systems;
(3)  institutional factors affecting potential alternatives;
(4)  technologies available;
(5)  identification of potential material and energy markets;
(6)  economics of alternative systems;  and
(7)  interest of the local citizenry in available alternatives.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter D. Regional and Local Solid Waste Management Plans › Section 363.069. Feasibility Study

Sec. 363.069.  FEASIBILITY STUDY.  A feasibility study must provide an evaluation of alternatives that:
(1)  identifies current solid waste management practices and costs;
(2)  analyzes the waste stream and its availability by composition and quantity;
(3)  identifies potential markets and obtains statements of interest for recovered materials and energy;
(4)  identifies and evaluates alternative solid waste management systems;
(5)  provides an assessment of potential effects of alternatives in terms of their public health, physical, social, economic, fiscal, environmental, and aesthetic implications;
(6)  conducts and evaluates results of public hearings or surveys of local citizens' opinions;  and
(7)  makes recommendations on alternatives for further consideration.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter D. Regional and Local Solid Waste Management Plans › Section 363.070. Implementation Study

Sec. 363.070.  IMPLEMENTATION STUDY.  An implementation study must:
(1)  provide a recommended course of action for a public agency;
(2)  provide for the collection and analysis of data;
(3)  identify and characterize solid waste problems and issues;
(4)  determine waste stream composition and quantity;
(5)  identify and analyze alternatives;
(6)  evaluate risk elements of alternatives;
(7)  identify and solidify markets;
(8)  make site analyses;
(9)  evaluate financing options and recommend preferred methods of financing;
(10)  evaluate the application of resource recovery technologies;
(11)  identify and discuss potential effects of alternative systems;
(12)  provide for public participation and recommend preferred alternatives;  and
(13)  provide for implementation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter E. Planning Fund and Technical Assistance Fund › Section 363.091. Municipal Solid Waste Management Planning Fund

Sec. 363.091.  MUNICIPAL SOLID WASTE MANAGEMENT PLANNING FUND.  (a)  The municipal solid waste management planning fund is in the state treasury.
(b)  In addition to money appropriated by the legislature, money received from other sources, including money received under contracts or agreements entered into under Section 363.116, shall be deposited to the credit of the planning fund.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter E. Planning Fund and Technical Assistance Fund › Section 363.092. Planning Fund Use; Financial Assistance to Local Governments and Planning Regions

Sec. 363.092.  PLANNING FUND USE;  FINANCIAL ASSISTANCE TO LOCAL GOVERNMENTS AND PLANNING REGIONS.  (a)  The executive director shall administer the financial assistance program and the planning fund under the commission's direction.
(b)  The commission shall adopt rules for the use and distribution to public agencies and planning regions of money in the planning fund.
(c)  The commission shall use the planning fund to provide financial assistance to:
(1)  local governments and planning regions to develop regional and local solid waste management plans;
(2)  public agencies and planning regions to prepare screening, feasibility, and implementation studies;  and
(3)  local governments and planning regions for costs of developing and implementing approved household hazardous waste diversion programs, excluding costs of disposal.
(d)  The commission shall use at least 90 percent of the money appropriated to it for the planning fund to provide financial assistance, and not more than 10 percent of the total funds appropriated to the commission for the planning fund may be used to administer the financial assistance program and the planning fund and to pay the expenses of the advisory council.
(e)  The planning fund may not be used for construction or to prepare final design and working drawings, acquire land or an interest in land, or pay for recovered resources.
(f)  The commission by rule shall allocate a specific percentage of money provided under Subsection (c)(1) to be used to develop plans for community household hazardous waste collection programs.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 238, Sec. 2, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 303, Sec. 7, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.105, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter E. Planning Fund and Technical Assistance Fund › Section 363.093. Application for Financial Assistance

Sec. 363.093.  APPLICATION FOR FINANCIAL ASSISTANCE.  (a)  An applicant for financial assistance from the planning fund must agree to comply with:
(1)  the state solid waste management plan;
(2)  the commission's municipal solid waste management rules;  and
(3)  other commission requirements.
(b)  The commission may not authorize release of funds under a financial assistance application until the applicant furnishes to the commission a resolution adopted by the governing body of each public agency or planning region that is a party to the application certifying that:
(1)  the applicant will comply with the financial assistance program's provisions and commission requirements;
(2)  the funds will be used only for the purposes for which they are provided;
(3)  regional or local solid waste management plans or studies developed with the financial assistance will be adopted by the governing body as its policy;  and
(4)  future municipal solid waste management activities will, to the extent reasonably feasible, conform to the regional or local solid waste management plan.
(c)  Financial assistance provided by the commission to a public agency or planning region must be matched at least equally by funds provided by the recipient, except that this matching requirement does not apply if the recipient is a council of governments created under Chapter 391, Local Government Code, or a municipality or county.
(d)  The priority given to applicants in receiving financial assistance must be determined by:
(1)  the need to initiate or improve the solid waste management program in the applicant's jurisdiction;
(2)  the needs of the state;
(3)  the applicant's financial need;  and
(4)  the degree to which the proposed program will result in improvements that meet the requirements of state, regional, and local solid waste management plans.
(e)  The commission may approve an application for financial assistance if:
(1)  the application is consistent with the rules adopted by the commission under Section 363.092(b);  and
(2)  the commission finds that the applicant requires state financial assistance and that it is in the public interest to provide the financial assistance.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 737, Sec. 1, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.106, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter E. Planning Fund and Technical Assistance Fund › Section 363.094. Municipal Solid Waste Resource Recovery Applied Research and Technical Assistance Fund

Sec. 363.094.  MUNICIPAL SOLID WASTE RESOURCE RECOVERY APPLIED RESEARCH AND TECHNICAL ASSISTANCE FUND.  (a)  The municipal solid waste resource recovery applied research and technical assistance fund is in the state treasury.
(b)  The technical assistance fund is composed of legislative appropriations.
(c)  The technical assistance fund shall be used to:
(1)  accomplish applied research and development studies;  and
(2)  provide technical assistance to public agencies to carry out investigations and to make studies relating to resource recovery and improved municipal solid waste management.
(d)  The executive director shall administer the technical assistance fund under the commission's direction.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.107, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter E. Planning Fund and Technical Assistance Fund › Section 363.095. Use of Technical Assistance Fund

Sec. 363.095.  USE OF TECHNICAL ASSISTANCE FUND.  (a)  Studies, applied research, investigations, and other purposes accomplished with and technical assistance provided through use of money in the technical assistance fund must comply with:
(1)  the state solid waste management plan;
(2)  the commission's municipal solid waste management rules;  and
(3)  other commission policy requirements.
(b)  Technical assistance, applied research, investigations, studies, and other purposes for which funds may be provided may include:
(1)  an evaluation of the long-term statewide needs of public agencies in financing municipal solid waste systems and consideration of the nature and extent of financial support that the state should provide for those systems;
(2)  an evaluation of state of the art waste reduction systems and waste-to-energy systems that include steam generation and electrical production;
(3)  establishment and evaluation of a pilot source separation and recycling project;
(4)  feasibility studies of appropriate technology that may be applicable to several local governments for the improvement of solid waste management systems;
(5)  cost and economic comparisons of alternative solid waste management systems;
(6)  an evaluation of available markets for energy and recovered materials;
(7)  an evaluation of the availability of recovered materials and energy resources for new market opportunities;  and
(8)  a citizen involvement program to educate citizens in solid waste management issues and the improvement of solid waste management practices.
(c)  The commission may hire personnel to be paid from the technical assistance fund and may use the technical assistance fund for obtaining consultant services and for entering into interagency agreements with other state agencies, public agencies, or planning regions.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.108, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter F. Local Solid Waste Services and Regulation › Section 363.111. Adoption of Rules by Public Agency

Sec. 363.111.  ADOPTION OF RULES BY PUBLIC AGENCY.  (a)  A governing body may adopt rules for regulating solid waste collection, handling, transportation, storage, processing, and disposal.
(b)  The rules may not authorize any activity, method of operation, or procedure prohibited by Chapter 361 (Solid Waste Disposal Act) or by rules or regulations of the commission or other state or federal agencies.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.109, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter F. Local Solid Waste Services and Regulation › Section 363.112. Prohibition of Processing or Disposal of Solid Waste in Certain Areas

Sec. 363.112.  PROHIBITION OF PROCESSING OR DISPOSAL OF SOLID WASTE IN CERTAIN AREAS.  (a)  To prohibit the processing or disposal of municipal or industrial solid waste in certain areas of a municipality or county, the governing body of the municipality or county must by ordinance or order specifically designate the area of the municipality or county, as appropriate, in which the disposal of municipal or industrial solid waste will not be prohibited.
(b)  The ordinance or order must be published for two consecutive weeks in a newspaper of general circulation in the area of the municipality or county, as appropriate, before the date the proposed ordinance or order is adopted by the governing body.
(c)  The governing body of a municipality or county may not prohibit the processing or disposal of municipal or industrial solid waste in an area of that municipality or county for which:
(1)  an application for a permit or other authorization under Chapter 361 has been filed with and is pending before the commission;  or
(2)  a permit or other authorization under Chapter 361 has been issued by the commission.
(d)  The commission may not grant an application for a permit to process or dispose of municipal or industrial solid waste in an area in which the processing or disposal of municipal or industrial solid waste is prohibited by an ordinance or order authorized by Subsection (a), unless the governing body of the municipality or county violated Subsection (c) in passing the ordinance or order.  The commission by rule may establish procedures for determining whether an application is for the processing or disposal of municipal or industrial solid waste in an area for which that processing or disposal is prohibited by an ordinance or order.
(e)  The powers specified by this section may not be exercised by the governing body of a municipality or county with respect to areas to which Section 361.090 applies.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.110, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 570, Sec. 4, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter F. Local Solid Waste Services and Regulation › Section 363.113. Establishment of Solid Waste Management Services

Sec. 363.113.  ESTABLISHMENT OF SOLID WASTE MANAGEMENT SERVICES.  Each county with a population of more than 30,000 and each municipality shall review the provision of solid waste management services in its jurisdiction and shall assure that those services are provided to all persons in its jurisdiction by a public agency or private person.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter F. Local Solid Waste Services and Regulation › Section 363.114. Resource Recovery Service; Fees

Sec. 363.114.  RESOURCE RECOVERY SERVICE;  FEES.  (a)  A public agency may offer a resource recovery service to persons in its jurisdictional boundaries and may charge fees for that service.
(b)  To aid in enforcing collection of fees for a resource recovery service, a public agency, after notice and hearing, may suspend service provided by any utility owned or operated by the public agency to a person who is delinquent in payment of those fees.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter F. Local Solid Waste Services and Regulation › Section 363.115. Tax Exempt Status of Certain Resource Recovery Systems

Sec. 363.115.  TAX EXEMPT STATUS OF CERTAIN RESOURCE RECOVERY SYSTEMS.  A resource recovery system acquired by a public agency to reduce municipal solid waste by mechanical means or incineration is exempt from property taxes of any municipality, county, school district, or other political subdivision of the state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter F. Local Solid Waste Services and Regulation › Section 363.116. Authority to Enter Contracts Concerning Solid Waste Management Services

Sec. 363.116.  AUTHORITY TO ENTER CONTRACTS CONCERNING SOLID WASTE MANAGEMENT SERVICES.  (a)  A public agency may enter into contracts to enable it to furnish or receive solid waste management services on the terms considered appropriate by the public agency's governing body.
(b)  A home-rule municipality's charter provision restricting the duration of a municipal contract does not apply to a municipal contract that relates to solid waste management services.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 363 - Municipal Solid Waste › Subchapter F. Local Solid Waste Services and Regulation › Section 363.118. Industrial Development Corporations

Sec. 363.118.  INDUSTRIAL DEVELOPMENT CORPORATIONS.  (a)  A public agency that enters into a contract under Section 363.116 may sponsor the creation of an industrial development corporation as provided by the Development Corporation Act (Subtitle C1, Title 12, Local Government Code).
(b)  If the system is located in the public agency's boundaries, the corporation may issue its bonds, notes, or other evidences of indebtedness to finance the costs of a solid waste management system, including a resource recovery system, contemplated under the contract.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.16, eff. April 1, 2009.