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 363 - Municipal Solid Waste › Subchapter F. Local Solid Waste Services and Regulation › Section 363.119. Funding Solid Waste Management Services

Sec. 363.119.  FUNDING SOLID WASTE MANAGEMENT SERVICES.  (a)  A public agency may establish a solid waste management fund to make payments for solid waste management services covered by contracts entered into by the public agency.
(b)  A public agency may agree to make sufficient provision in its annual budget to make payments under its contracts.
(c)  Payments to be made by a public agency under a contract may also be made from revenues of the public agency's solid waste, water, sewer, electric, or gas system or any combination of utility systems.
(d)  As a source of payment or as the sole source of payment, a public agency may use and pledge available revenues or resources for and to the payment of amounts due under contracts and may enter into covenants concerning those sources of payment to assure their availability if required.
(e)  A public agency may establish, charge, and collect fees, rates, charges, rentals, and other amounts for services or facilities provided under or in connection with a contract.  Those fees, rates, charges, rentals, and other amounts may be charged to and collected from the residents of the public agency, if any, or from users or beneficiaries of the services or facilities and may include water charges, sewage charges, and solid waste disposal fees and charges, including solid waste collection or handling fees.  The public agency may use and pledge those fees, rates, charges, rentals, and other amounts to make payments required under a contract and may enter into a covenant to do so in amounts sufficient to make all or any part of the payments when due.
(f)  A public agency that has taxing power, and that at the time of entering into a contract is using its general funds, including its tax revenues, to pay all or part of the costs of providing solid waste collection, transportation, and disposal services, may agree and pledge that the contract is an obligation against the taxing power of the public agency.
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 G. Bonds › Section 363.131. Authority to Issue Bonds

Sec. 363.131.  AUTHORITY TO ISSUE BONDS.  (a)  A public agency may issue bonds in the name of the public agency to acquire, construct, improve, enlarge, and repair all or part of a solid waste management system, including a resource recovery system.
(b)  Pending the issuance of definitive bonds, a public agency may issue negotiable interim bonds eligible for exchange or substitution on issuance of definitive 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 G. Bonds › Section 363.132. Terms; Form

Sec. 363.132.  TERMS;  FORM.  (a)  A public agency may issue its bonds in various series or issues.
(b)  Bonds may mature serially or otherwise not more than 50 years after the date of issuance and shall bear interest at a rate permitted by state law.
(c)  A public agency's bonds and interest coupons, if any, are investment securities under Chapter 8, Business & Commerce Code, and may be:
(1)  issued registrable as to principal or as to principal and interest;  and
(2)  made redeemable before maturity, at the option of the public agency, or may contain a mandatory redemption provision.
(d)  A public agency's bonds may be issued in the form, denominations, and manner, and under the terms, and shall be signed and executed, as provided by the governing body in the resolution or order authorizing 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 G. Bonds › Section 363.133. Bond Provisions

Sec. 363.133.  BOND PROVISIONS.  (a)  In the orders or resolutions authorizing the issuance of bonds, including refunding bonds, the governing body may:
(1)  provide for the flow of funds and the establishment and maintenance of the interest and sinking fund, the reserve fund, and other funds;  and
(2)  make additional covenants with respect to the bonds, the pledged revenues, and the operation and maintenance of the physical property of the solid waste management system, the revenue of which is pledged.
(b)  In the orders or resolutions authorizing the issuance of bonds, the governing body may:
(1)  prohibit the further issuance of bonds or other obligations payable from the pledged revenue or may reserve the right to issue additional bonds to be secured by a pledge of and payable from the revenue on a parity with or subordinate to the lien and pledge in support of the bonds being issued;  and
(2)  include other provisions as the governing body may determine.
(c)  The governing body may adopt and have executed any other proceedings or instruments necessary and convenient in the issuance of 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 G. Bonds › Section 363.134. Approval and Registration

Sec. 363.134.  APPROVAL AND REGISTRATION.  (a)  A public agency shall submit bonds issued by the public agency and records relating to their issuance to the attorney general for examination as to their validity.  If the bonds are secured by a pledge of proceeds from a contract, the public agency shall submit to the attorney general for examination a copy of the contract and a copy of the records relating to the contract.
(b)  If the attorney general finds that the bonds have been authorized and a contract entered into in accordance with law, the attorney general shall approve the bonds, and the comptroller shall register the bonds.
(c)  Following approval and registration, the bonds are incontestable and are binding obligations according to their terms.
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 G. Bonds › Section 363.135. Bond Payment and Security

Sec. 363.135.  BOND PAYMENT AND SECURITY.  A public agency may pay the principal of and interest on bonds:
(1)  from the levy and collection of taxes on all taxable property in the public agency's boundaries if the public agency is authorized by law to levy and collect property taxes;
(2)  by pledging all or part of the designated revenues from the ownership or operation of physical property of a solid waste management system, including a resource recovery system, or from a contract entered into by a public agency under this chapter;  or
(3)  from other income of the public agency.
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 G. Bonds › Section 363.136. Bond Election

Sec. 363.136.  BOND ELECTION.  Bonds secured in whole or in part by taxes may not be issued by a public agency until authorized by a majority vote of the qualified voters of the public agency at an election ordered for that purpose.  A bond election shall be held in the manner provided by law for other bond elections of the public agency.
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 G. Bonds › Section 363.137. Other Security

Sec. 363.137.  OTHER SECURITY.  (a)  The bonds may be additionally secured by a deed of trust or mortgage lien on part or all of the physical property of a solid waste management system, including a resource recovery system, of the public agency and rights appurtenant to that property.
(b)  The deed of trust or mortgage lien may give the trustee the power to operate the property, sell the property to pay the debt, or take any other action to secure the bonds.  A purchaser at a sale under a deed of trust or mortgage lien is the absolute owner of the property and rights purchased.
(c)  Regardless of any deed of trust or mortgage lien under Subsection (a), the trust indenture may:
(1)  contain any provision that the governing body prescribes for the security of the bonds and the preservation of the trust estate;
(2)  provide for amendment or modification of the trust indenture;  and
(3)  provide for investment of the public agency's funds.
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 G. Bonds › Section 363.138. Bond Sale and Exchange

Sec. 363.138.  BOND SALE AND EXCHANGE.  (a)  A public agency may sell bonds at a public or private sale at a price and on terms determined by the governing body.
(b)  The public agency may exchange its bonds for property or an interest in property that its governing body considers necessary or convenient to carry out 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 G. Bonds › Section 363.139. Investment and Use of Proceeds

Sec. 363.139.  INVESTMENT AND USE OF PROCEEDS.  (a)  Money may be set aside out of bond proceeds to provide for:
(1)  interest to accrue on the bonds;
(2)  administrative expenses up to the estimated date on which the solid waste management system will produce revenue;  and
(3)  reserve funds created by the resolution that authorized the bonds.
(b)  Proceeds from the sale of bonds may be invested, pending their use, in the securities or time deposits specified by the resolution authorizing the issuance of the bonds or the trust indenture securing the bonds.
(c)  The earnings on the investments may be applied as provided by the resolution or trust indenture.
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 G. Bonds › Section 363.140. Refunding Bonds

Sec. 363.140.  REFUNDING BONDS.  (a)  A public agency may issue refunding bonds to refund all or part of its outstanding bonds, including matured but unpaid interest coupons.
(b)  Refunding bonds:
(1)  mature serially or otherwise not more than 50 years after the date of issuance and bear interest at a rate permitted by state law;  and
(2)  may be payable from the same source as the bonds being refunded or from other additional sources.
(c)  Refunding bonds must be approved by the attorney general in the same manner as other bonds.
(d)  The comptroller shall register refunding bonds:
(1)  on the surrender and cancellation of the original bonds;  or
(2)  without surrender and cancellation of the original bonds if:
(A)  the order or resolution authorizing the refunding bonds provides that their proceeds be deposited in the place where the original bonds are payable;  and
(B)  the refunding bonds are issued in an amount sufficient to pay the principal of and interest on the original bonds up to their maturity date or to their option date if the bonds are called for payment before maturity according to their terms.
(e)  A public agency may refund bonds in one or several installments.
(f)  Instead of the method provided by this section, a public agency may refund bonds, notes, or other obligations as provided by general law.
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 G. Bonds › Section 363.141. Legal Investments; Security for Deposits

Sec. 363.141.  LEGAL INVESTMENTS;  SECURITY FOR DEPOSITS.  (a)  Public agency bonds 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;
(8)  a guardian;  and
(9)  a sinking fund of a municipality, county, school district, or other political subdivision of the state and other public funds of the state, including the permanent school fund.
(b)  Public agency bonds may secure the deposits of public funds of the state or a municipality, county, school district, or other political subdivision of the state.  The bonds are lawful and sufficient security for deposits to the extent of their value, if accompanied by all 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 363 - Municipal Solid Waste › Subchapter G. Bonds › Section 363.142. Tax Status of Bonds

Sec. 363.142.  TAX STATUS OF BONDS.  Since a public agency is a public entity performing an essential public function, bonds issued by the public agency, any transaction relating to the bonds, and profits made in the sale of the bonds are exempt from taxation by the state or by a municipality, county, special 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 G. Bonds › Section 363.143. Fees for Services

Sec. 363.143.  FEES FOR SERVICES.  (a)  While bonds are outstanding, the governing body may adopt and collect fees for services furnished or made available by the solid waste management system, including a resource recovery system.
(b)  The fees must be adequate to provide and maintain the funds created by the resolution authorizing the bonds and to pay:
(1)  operational costs or expenses allocable to the solid waste management system, including a resource recovery system;  and
(2)  the principal of and interest on 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 G. Bonds › Section 363.144. Adjustment of Rates for Adequate Revenue

Sec. 363.144.  ADJUSTMENT OF RATES FOR ADEQUATE REVENUE.  A public agency shall adopt and adjust the rates charged for solid waste management services so that revenues, together with taxes levied to support the services, will be sufficient to pay:
(1)  the expense of operating and maintaining the solid waste management system, including a resource recovery system;
(2)  the public agency's obligations under a contract;  and
(3)  the public agency's obligations under and in connection with bonds issued that are secured by revenues from the solid waste management service or a solid waste management system, including a resource recovery system.
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 G. Bonds › Section 363.145. Bond Anticipation Notes

Sec. 363.145.  BOND ANTICIPATION NOTES.  (a)  A public agency may declare an emergency if funds are not available to pay the principal of or interest on the public agency's bonds issued under this chapter.
(b)  The public agency may issue negotiable bond anticipation notes to borrow the money needed in an emergency, and the bond anticipation notes may bear interest at any rate authorized by state law and shall mature within one year of the date of issuance.
(c)  The bond anticipation notes may be paid with the proceeds of bonds, or bonds may be issued and delivered in exchange for and in substitution of bond anticipation notes.
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 364 - County Solid Waste › Subchapter A. General Provisions › Section 364.001. Short Title

Sec. 364.001.  SHORT TITLE.  This chapter may be cited as the County Solid Waste Control 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 364 - County Solid Waste › Subchapter A. General Provisions › Section 364.002. Purpose

Sec. 364.002.  PURPOSE.  The purpose of this chapter is to authorize a cooperative effort by counties, public agencies, and other persons for the safe and economical collection, transportation, and disposal of solid waste to control pollution in this 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 364 - County Solid Waste › Subchapter A. General Provisions › Section 364.003. Definitions

Sec. 364.003.  DEFINITIONS.  In this chapter:
(1)  "Composting" has the meaning assigned by Chapter 361 (Solid Waste Disposal Act).
(2)  "District" means a district or authority created under Article XVI, Section 59, or Article III, Section 52, of the Texas Constitution.
(3)  "Public agency" means a district, municipality, regional planning commission created under Chapter 391, Local Government Code, or other political subdivision or state agency authorized to own and operate a solid waste collection, transportation, or disposal facility or system.
(4)  "Sanitary landfill" has the meaning assigned by Chapter 361 (Solid Waste Disposal Act).
(5)  "Solid waste" has the meaning assigned by Chapter 361 (Solid Waste Disposal Act).
(6)  "Solid waste disposal system" means a plant, composting process plant, incinerator, sanitary landfill, or other works and equipment that are acquired, installed, or operated to collect, handle, store, treat, neutralize, stabilize, or dispose of solid waste, and includes the sites.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 124, eff. Sept. 1, 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 364 - County Solid Waste › Subchapter B. County Solid Waste Management › Section 364.011. County Adoption of Solid Waste Rules

Sec. 364.011.  COUNTY ADOPTION OF SOLID WASTE RULES.  (a)  Subject to the limitation provided by Sections 361.151 and 361.152 (Solid Waste Disposal Act), and subject to Subsection (a-1), a commissioners court by rule may regulate solid waste collection, handling, storage, and disposal in areas of the county not in a municipality or the extraterritorial jurisdiction of a municipality.
(a-1)  A commissioners court by rule may regulate solid waste collection, handling, storage, and disposal by establishing a mandatory program under Section 364.034 in an area of the county located within the extraterritorial jurisdiction of a municipality if:
(1)  the municipality does not provide solid waste disposal services in that area; and
(2)  the county:
(A)  is adjacent to the United Mexican States;
(B)  has a population of less than 300,000; and
(C)  contains a municipality with a population of 200,000 or more.
(a-2)  Notwithstanding Subsection (a), a commissioners court may, through a competitive bidding process, contract for the provision of solid waste collection, handling, storage, and disposal in an area of the county located within the extraterritorial jurisdiction of a municipality if:
(1)  the municipality does not provide solid waste disposal services in that area; and
(2)  the county has a population of more than 1.5 million and at least 70 percent of the population resides in a single municipality.
(b)  A county, in making any rules, including those under the licensing power granted by Chapter 361 (Solid Waste Disposal Act), may not impose an unreasonable requirement on the disposal of the solid waste in the county not warranted by the circumstances.
(c)  A rule adopted under this section may not authorize an activity, method of operation, or procedure that is prohibited by Chapter 361 (Solid Waste Disposal Act) or by rules of the Texas Natural Resource Conservation Commission.
(d)  A county may institute legal proceedings to enforce its rules.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.034, eff. Aug. 12, 1991.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 70 (S.B. 1229), Sec. 1, eff. May 22, 2017.
Acts 2017, 85th Leg., R.S., Ch. 143 (H.B. 1584), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(37), eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 97, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 364 - County Solid Waste › Subchapter B. County Solid Waste Management › Section 364.012. Prohibiting Solid Waste Disposal in County

Sec. 364.012.  PROHIBITING SOLID WASTE DISPOSAL IN COUNTY.  (a)  The county may prohibit the disposal of municipal or industrial solid waste in the county if the disposal of the municipal or industrial solid waste is a threat to the public health, safety, and welfare.
(b)  To prohibit the disposal of municipal or industrial solid waste in a county, the commissioners court must adopt an ordinance in the general form prescribed for municipal ordinances specifically designating the area of the county in which municipal or industrial solid waste disposal is not prohibited.
(c)  An ordinance required by Subsection (b) may be passed on first reading, but the proposed ordinance must be published in a newspaper of general circulation in the county for two consecutive weeks before the commissioners court considers the proposed ordinance.  The publication must contain:
(1)  a statement of the time, place, and date that the commissioners court will consider the proposed ordinance;  and
(2)  notice that an interested citizen of the county may testify at the hearing.
(d)  A public hearing must be held on a proposed ordinance before it is considered by the commissioners court, and any interested citizen of the county shall be allowed to testify.
(e)  The commissioners court of a county may not prohibit the processing or disposal of municipal or industrial solid waste in an area of that 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.
(f)  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, unless the county violated Subsection (e) in passing the ordinance.  The commission by rule may specify the 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.
(g)  The powers specified by this section may not be exercised by a 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 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.035, eff. Aug. 12, 1991;  Acts 1999, 76th Leg., ch. 570, Sec. 5, 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 364 - County Solid Waste › Subchapter B. County Solid Waste Management › Section 364.013. County Authority

Sec. 364.013.  COUNTY AUTHORITY.  A county may:
(1)  acquire, construct, improve, enlarge, repair, operate, and maintain all or part of one or more solid waste disposal systems;
(2)  contract with a person to collect, transport, handle, store, or dispose of solid waste for that person;
(3)  contract with a person to purchase or sell, by installments for a term considered desirable, all or part of a solid waste disposal system;
(4)  enter into an operating agreement with a person, for the terms and on the conditions considered desirable, for the operation of all or part of a solid waste disposal system by that person or by the county;  and
(5)  lease to or from a person, for the term and on the conditions considered desirable, all or part of a solid waste disposal system.
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 364 - County Solid Waste › Subchapter B. County Solid Waste Management › Section 364.014. Acquisition of Property

Sec. 364.014.  ACQUISITION OF PROPERTY.  (a)  A county may acquire by purchase, lease, gift, condemnation, or any other manner and may own, maintain, use, and operate property or an interest in property necessary or convenient to the exercise of the powers and purposes provided by this chapter.
(b)  The power of eminent domain is restricted to the county and may be exercised in the manner provided by law.
(c)  A county may not exercise the power of eminent domain to acquire real property under this section if that power conflicts with a corporation's power of eminent domain as provided by law.
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 364 - County Solid Waste › Subchapter B. County Solid Waste Management › Section 364.015. Dumping or Garbage Disposal Grounds

Sec. 364.015.  DUMPING OR GARBAGE DISPOSAL GROUNDS.  The commissioners court shall determine the consideration to be paid to acquire real property on which to locate dumping or garbage disposal grounds.  In determining where to locate dumping or garbage disposal grounds, the commissioners court shall consider:
(1)  the convenience of the people to be served;  and
(2)  the general health of, and the annoyance to, the community to be served by the dumping or garbage disposal grounds.
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 364 - County Solid Waste › Subchapter B. County Solid Waste Management › Section 364.016. Cost of Certain Required Alterations

Sec. 364.016.  COST OF CERTAIN REQUIRED ALTERATIONS.  The relocation, raising, rerouting, changing of grade, or altering of construction of a highway, railroad, electric transmission line, telegraph or telephone property or facility, or pipeline made necessary by the actions of a county shall be accomplished at the sole expense of the county, which shall pay the cost of the required activity as necessary to provide comparable replacement, minus the net salvage value of any replaced facility.
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 364 - County Solid Waste › Subchapter C. Solid Waste Management Systems and Services Contracts › Section 364.031. Public Agency Contracts

Sec. 364.031.  PUBLIC AGENCY CONTRACTS.  (a)  A public agency may contract with another public agency or a private contractor for the other public agency or private contractor to:
(1)  make all or part of a solid waste disposal system available to a public agency, a group of public agencies, or other persons;  and
(2)  furnish solid waste collection, transportation, handling, storage, or disposal services through the other public agency's or private contractor's system.
(b)  The contract may:
(1)  be for the duration agreed on by the parties;
(2)  provide that the contract remains in effect until bonds issued or to be issued by either public agency and refunding bonds issued for those original bonds are paid;
(3)  contain provisions to assure equitable treatment of parties who contract with the other public agency or private contractor for solid waste collection, transportation, handling, storage, or disposal services from the same solid waste disposal system;
(4)  provide for the sale or lease to or use by the other public agency or private contractor of a solid waste disposal system owned or to be acquired by the public agency;
(5)  provide that the other public agency or private contractor will operate a solid waste disposal system owned or to be acquired by the public agency;
(6)  provide that the public agency is entitled to continued performance of services after the amortization of the other public agency's or private contractor's investment in the disposal system during the useful life of the system on payment of reasonable charges, reduced to take into consideration the amortization;  and
(7)  contain any other provisions and requirements the other public agency or private contractor and the public agency determine to be appropriate or necessary.
(c)  The contract must provide the method to determine the amount the public agency will pay to the other public agency or private contractor.
(d)  A municipality may provide in its contract that the other public agency or private contractor has the right to use the streets, alleys, and public ways and places in the municipality during the term of the contract.
(e)  This section does not expand the authority granted to a county under Section 364.013.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 486, Sec. 1, eff. June 12, 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 364 - County Solid Waste › Subchapter C. Solid Waste Management Systems and Services Contracts › Section 364.032. Public Agency Payments

Sec. 364.032.  PUBLIC AGENCY PAYMENTS.  (a)  Public agency payments to a county for solid waste collection, transportation, handling, storage, or disposal services may be made from income of the public agency's solid waste disposal fund as provided by the contract between the county and the public agency.  The payments are an operating expense of the fund, and the revenues of the fund are to be applied toward those payments.
(b)  Public agency payments to be made under the contract may be made from revenues of the public agency's water, sewer, electric, or gas system or a combination of utility systems.
(c)  Unless the ordinance or resolution authorizing the outstanding bonds of the public agency expressly reserves the right to accord contract payments a position of parity with, or a priority over, the public agency's bond requirements, the payments under a contract are subordinate to amounts required to be paid from the revenues of the utility system for principal of and interest on bonds of the public agency that are:
(1)  outstanding at the time the contract is made;  and
(2)  payable from those revenues.
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 364 - County Solid Waste › Subchapter C. Solid Waste Management Systems and Services Contracts › Section 364.033. Alternative Payment Procedure Using Tax Funds

Sec. 364.033.  ALTERNATIVE PAYMENT PROCEDURE USING TAX FUNDS.  (a)  A contract between a public agency and a county that is authorized by the public agency's governing body is an obligation against the public agency's taxing power to the extent provided by the contract if:
(1)  the public agency holds an election according to applicable procedure provided by Chapter 1251, Government Code, relating to the issuance of bonds by a municipality;  and
(2)  at the election, it is determined that the public agency's governing body may levy an ad valorem tax to make any payments required of the public agency under the contract.
(b)  Except for the levy of a tax under this section, an election is not required for the exercise of a power granted by this chapter.
(c)  Only qualified voters of the public agency are entitled to vote at an election held under this section, and except as otherwise provided by this section and by Chapter 1251, Government Code, the Election Code governs an election under this section.
(d)  If the alternative procedure for payment provided by this section is followed, payments under the contract may be:
(1)  payable from and are solely an obligation against the taxing power of the public agency;  or
(2)  payable both from taxes and from revenues as provided by the contract.
(e)  If the alternative procedure of public agency payment to a county for disposal services provided by this section is not followed, the county or a holder of county bonds is not entitled to demand payment of the public agency's obligation from funds raised or to be raised by taxation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.270, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 364 - County Solid Waste › Subchapter C. Solid Waste Management Systems and Services Contracts › Section 364.0341. Solid Waste Disposal Services in Extraterritorial Jurisdiction of Certain Municipalities

Sec. 364.0341.  SOLID WASTE DISPOSAL SERVICES IN EXTRATERRITORIAL JURISDICTION OF CERTAIN MUNICIPALITIES.  (a)  This section applies only to a municipality wholly or partly located in a county with a population of more than 57,000 and less than 57,900.
(b)  Notwithstanding Sections 364.011(a) and 364.034(a), a county may offer, require the use of, and charge a fee for solid waste disposal services in the extraterritorial jurisdiction of a municipality.
(c)  A municipality may not provide solid waste disposal services or charge a fee for those services in the municipality's extraterritorial jurisdiction if the county provides those services under Subsection (b).
Added by Acts 2019, 86th Leg., R.S., Ch. 1240 (H.B. 3045), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 98, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 364 - County Solid Waste › Subchapter C. Solid Waste Management Systems and Services Contracts › Section 364.0345. Penalties for Failure to Use Required Service in Certain Areas

Sec. 364.0345.  PENALTIES FOR FAILURE TO USE REQUIRED SERVICE IN CERTAIN AREAS.  The commissioners court of a county described by Section 364.011(a-2)(2) that requires the use of a county solid waste disposal service under Section 364.034 in the extraterritorial jurisdiction of a municipality may adopt orders to enforce the requirement, including an order establishing a civil or administrative penalty in an amount reasonable and necessary to ensure compliance with the requirement.
Added by Acts 2017, 85th Leg., R.S., Ch. 70 (S.B. 1229), Sec. 3, eff. May 22, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.002(12), eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 364 - County Solid Waste › Subchapter C. Solid Waste Management Systems and Services Contracts › Section 364.035. Public Agency Duty to Adjust Rates Charged

Sec. 364.035.  PUBLIC AGENCY DUTY TO ADJUST RATES CHARGED.  (a)  A public agency shall establish, maintain, and adjust the rates charged by the public agency for solid waste disposal services if:
(1)  the public agency executes a contract with a county under this chapter;  and
(2)  the payments under the contract are to be made either wholly or partly from the revenues of the public agency's solid waste disposal fund.
(b)  The revenues of the public agency's solid waste disposal fund, and any taxes levied in support, must be sufficient to pay:
(1)  the expense of operating and maintaining the solid waste disposal service or system;  and
(2)  the public agency's obligations to the county under the contract and in connection with bonds issued or that may be issued that are secured by revenues of the solid waste disposal service or system.
(c)  A contract between a public agency and a county may require the use of consulting engineers and financial experts to advise the public agency whether and at what time rates are to be adjusted under this section.
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 364 - County Solid Waste › Subchapter C. Solid Waste Management Systems and Services Contracts › Section 364.036. Authority to Provide Disposal Services to More Than One Person

Sec. 364.036.  AUTHORITY TO PROVIDE DISPOSAL SERVICES TO MORE THAN ONE PERSON.  A contract or group of contracts under this chapter may provide that:
(1)  a county may render concurrently to more than one person services relating to the construction or operation of all or part of a solid waste disposal system;  and
(2)  the cost of the services will be allocated among the several persons as determined by the contract or group of contracts.
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 364 - County Solid Waste › Subchapter C. Solid Waste Management Systems and Services Contracts › Section 364.037. Agreements With Other Political Subdivisions for Collection of Past Due Utility or Solid Waste Disposal Services Fees

Sec. 364.037.  AGREEMENTS WITH OTHER POLITICAL SUBDIVISIONS FOR COLLECTION OF PAST DUE UTILITY OR SOLID WASTE DISPOSAL SERVICES FEES.  (a)  A county or public agency that offers solid waste disposal services under this subchapter may enter an agreement for the collection of unpaid utility or solid waste disposal services fees with:
(1)  another county or public agency that provides solid waste disposal services under this subchapter;
(2)  a municipality that operates a utility system, as defined by Section 552.001, Local Government Code; or
(3)  another political subdivision acting on behalf of a municipality, county, or public agency to assist in the collection of unpaid utility charges or solid waste disposal fees.
(b)  The agreement may provide that a county or public agency:
(1)  may refuse to provide solid waste disposal services to a person if the person is past due on utility charges or solid waste disposal services fees owed to another party to the agreement;  or
(2)  may collect an amount equal to the past due utility charges or solid waste disposal services fees owed to another party to the agreement plus a service charge and provide the solid waste disposal services the person requests.
(c)  The agreement shall provide for:
(1)  the confidentiality of a person's utility or solid waste disposal account information and the prevention of disclosure to a person or other entity that is not a party to the agreement;  and
(2)  the apportionment of any past due charges, fees, and service charges authorized by Subsection (b)(2) between the collecting entity and the entity to which the fees are owed.
Added by Acts 2003, 78th Leg., ch. 271, Sec. 3, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.77(2), eff. April 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 364 - County Solid Waste › Subchapter D. Bonds › Section 364.051. Authority to Issue Bonds

Sec. 364.051.  AUTHORITY TO ISSUE BONDS.  (a)  To acquire, construct, improve, enlarge, and repair all or part of a solid waste disposal system, a county may issue bonds payable:
(1)  from and secured by a pledge of all or part of the revenues to accrue under a contract entered into under this chapter;  and
(2)  from other income pledged by the county.
(b)  Pending issuance of definitive bonds, a county may issue negotiable interim bonds or obligations eligible for exchange or substitution by use of the definitive 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 364 - County Solid Waste › Subchapter D. Bonds › Section 364.052. Terms; Form

Sec. 364.052.  TERMS;  FORM.  (a)  Bonds issued under this chapter must be in the form and denomination and bear the rate of interest prescribed by the commissioners court.
(b)  The bonds may be:
(1)  sold at a public or private sale at a price and on the terms determined by the commissioners court;  or
(2)  exchanged for property or an interest in property determined by the commissioners court to be necessary or convenient to the purposes authorized by this chapter.
(c)  The bonds are investment securities under Chapter 8, Business & Commerce Code.
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 364 - County Solid Waste › Subchapter D. Bonds › Section 364.053. Approval and Registration

Sec. 364.053.  APPROVAL AND REGISTRATION.  (a)  A county may submit bonds that have been authorized by the commissioners court and any record relating to their issuance to the attorney general for examination as to their validity.  If the bonds state that they are secured by a pledge of proceeds of a contract between the county and a public agency, the county may submit to the attorney general a copy of the contract and the proceedings of the public agency authorizing the contract.
(b)  If the attorney general finds that the bonds have been authorized and any contract has been made in accordance with state law, the attorney general shall approve the bonds and contract and the comptroller shall register the bonds.
(c)  Following approval and registration, the bonds and the contract are incontestable.
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 364 - County Solid Waste › Subchapter D. Bonds › Section 364.054. District Bond Validation by Suit

Sec. 364.054.  DISTRICT BOND VALIDATION BY SUIT.  (a)  As an alternative for, or in addition to, the procedure provided by Section 364.053, the board of directors of a district may validate its bonds by filing suit under Chapter 1205, Government Code.
(b)  The interest rate and sale price of the bonds need not be fixed until after the termination of the validation proceedings or suit.
(c)  If the proposed bonds recite that they are secured by the proceeds of a contract made by the district and one or more public agencies, the petition must allege that fact and the notice of the suit must mention that allegation and each public agency's fund or revenues from which the contract is payable.
(d)  The suit is a proceeding in rem, and the judgment is res judicata as to the validity of the bonds and any contract and the pledge of revenues.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.271, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 364 - County Solid Waste › Subchapter D. Bonds › Section 364.055. Investment and Use of Proceeds

Sec. 364.055.  INVESTMENT AND USE OF PROCEEDS.  (a)  The commissioners court may set aside from proceeds of a bond sale:
(1)  interest to accrue on the bonds;
(2)  administrative expenses to the estimated date when the solid waste disposal system will become revenue producing;  and
(3)  reserve funds created by the resolution authorizing the bonds.
(b)  Proceeds from the sale of bonds may be invested, pending their use, in the securities or time deposits as specified by the resolution authorizing the issuance of the bonds or the trust indenture securing the bonds.
(c)  The earnings on the investments may be applied as provided by the resolution or trust indenture.
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 364 - County Solid Waste › Subchapter D. Bonds › Section 364.056. Refunding of Bonds

Sec. 364.056.  REFUNDING OF BONDS.  A county may refund bonds issued under this chapter on terms and conditions and bearing the rate of interest prescribed by the commissioners court.
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 364 - County Solid Waste › Subchapter D. Bonds › Section 364.057. Legal Investments; Security for Deposits

Sec. 364.057.  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, school district, or any other political corporation or subdivision of the state.
(b)  The bonds may secure the deposits of public funds of the state or of a political 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.