CHAPTER 363. MUNICIPAL SOLID WASTE
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
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.
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.
Sec. 363.003. FINDINGS. The legislature finds that:
(1) the growth of the state's economy and population has
resulted in an increase in discarded materials;
(2) the improper management of solid waste creates hazards to
the public health, can cause air and water pollution, creates
public nuisances, and causes a blight on the landscape;
(3) there is increasing public opposition to the location of
solid waste land disposal facilities;
(4) because some communities lack sufficient financial
resources, municipal solid waste land disposal sites in the state
are being improperly operated and maintained, causing potential
health problems to nearby residents, attracting vectors, and
creating conditions that destroy the beauty and quality of our
environment;
(5) often, operational deficiencies occur at rural solid waste
land disposal sites operated by local governments that do not
have the funds, personnel, equipment, and technical expertise to
properly operate a disposal system;
(6) many smaller communities and rural residents have no
organized solid waste collection and disposal system, resulting
in dumping of garbage and trash along the roadside, in roadside
parks, and at illegal dump sites;
(7) combining two or more small, inefficient operations into
local, regional, or countywide systems may provide a more
economical, efficient, and safe means for the collection and
disposal of solid waste and will offer greater opportunities for
future resource recovery;
(8) there are private operators of municipal solid waste
management systems with whom persons can contract or franchise
their services, and many of those private operators possess the
management expertise, qualified personnel, and specialized
equipment for the safe collection, handling, and disposal of
solid waste;
(9) technologies exist to separate usable material from solid
waste and to convert solid waste to energy, and it will benefit
this state to work in cooperation with private business,
nonprofit organizations, and public agencies that have acquired
knowledge, expertise, and technology in the fields of energy
production and recycling, reuse, reclamation, and collection of
materials;
(10) the opportunity for resource recovery is diminished unless
local governments can exercise control over solid waste and can
enter long-term contracts to supply solid waste to resource
recovery systems or to operate those systems;
(11) the control of solid waste collection and disposal should
continue to be the responsibility of local governments and public
agencies, but the problems of solid waste management have become
a matter of state concern and require state financial assistance
to plan and implement solid waste management practices that
encourage the safe disposal of solid waste and the recovery of
material and energy resources from solid waste; and
(12) local governments should be encouraged to contract with
waste management firms to meet the requirements of this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 1045, Sec. 11, eff. Sept. 1,
1993.
Sec. 363.004. DEFINITIONS. In this chapter:
(1) "Advisory council" means the Municipal Solid Waste
Management and source Recovery Advisory Council.
(2) "Commission" means the Texas Natural Resource Conservation
Commission.
(3) "Executive director" means the executive director of the
Texas Natural Resource Conservation Commission.
(4) "Disposal" means the discharge, deposit, injection, dumping,
spilling, leaking, or placing of containerized or uncontainerized
solid waste or hazardous waste into or on land or water so that
the solid waste or hazardous waste or any constituent of solid
waste or hazardous waste may enter the environment or be emitted
into the air or discharged into surface water or groundwater.
(5) "Governing body" means the governing body of a municipality,
the commissioners court, the board of directors, the trustees, or
a similar body charged by law with governing a public agency.
(6) "Hazardous waste" means solid waste identified or listed as
a hazardous waste by the administrator of the United States
Environmental Protection Agency under the federal Solid Waste
Disposal Act, as amended by the Resource Conservation and
Recovery Act (42 U.S.C. Section 6901 et seq.).
(7) "Industrial solid waste" means solid waste resulting from or
incidental to a process of industry or manufacturing, or mining
or agricultural operations.
(8) "Local government" means a county, municipality, or other
political subdivision of the state exercising the authority
granted under Section 361.165 (Solid Waste Disposal Act).
(9) "Municipal solid waste" means solid waste resulting from or
incidental to municipal, community, commercial, institutional,
and recreational activities, and includes garbage, rubbish,
ashes, street cleanings, dead animals, abandoned automobiles, and
other solid waste other than industrial solid waste.
(10) "Planning fund" means the municipal solid waste management
planning fund.
(11) "Planning region" means a region of this state identified
by the governor as an appropriate region for municipal solid
waste planning as provided by Section 4006 of the federal Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act (42 U.S.C. Section 6901 et seq.).
(12) "Processing" means the extraction of materials, transfer,
volume reduction, conversion to energy, or other separation and
preparation of solid waste for reuse or disposal, including
treatment or neutralization of hazardous waste designed to change
the physical, chemical, or biological character or composition of
hazardous waste so as to:
(A) neutralize hazardous waste;
(B) recover energy or material from hazardous waste; or
(C) render hazardous waste nonhazardous or less hazardous, safer
to transport, store, or dispose of, amenable for recovery or
storage, or reduced in volume.
(13) "Property" means land, structures, interest in land, air
rights, water rights, and rights that accompany interest in land,
structures, water rights, and air rights and includes easements,
rights-of-way, uses, leases, incorporeal hereditaments, legal and
equitable estates, interest, or rights such as terms for years
and liens.
(14) "Public agency" means a municipality, county, or district
or authority created and operating under Article III, Section
52(b)(1) or (2), or Article XVI, Section 59, of the Texas
Constitution, or a combination of two or more of those
governmental entities acting under an interlocal agreement and
having the authority under this chapter or other law to own and
operate a solid waste management system.
(15) "Regional or local solid waste management plan" means a
plan adopted by a planning region under Section 363.062 or a
local government under Section 363.063.
(16) "Resolution" means the action, including an order or
ordinance, that authorizes bonds and that is taken by the
governing body.
(17) "Resource recovery" means recovering materials or energy
from solid waste or otherwise converting solid waste to a useful
purpose.
(18) "Resource recovery system" means real property, structures,
plants, works, facilities, equipment, pipelines, machinery,
vehicles, vessels, rolling stock, licenses, or franchises used or
useful in connection with processing solid waste to extract,
recover, reclaim, salvage, reduce, or concentrate the solid waste
or convert it to energy or useful matter or resources, including
electricity, steam, or other forms of energy, metal, fertilizer,
glass, or other forms of material and resources. The term
includes real property, structures, plants, works, facilities,
pipelines, machinery, vehicles, vessels, rolling stock, licenses,
or franchises used or useful in:
(A) transporting, receiving, storing, transferring, and handling
solid waste;
(B) preparing, separating, or processing solid waste for reuse;
(C) handling and transporting recovered matter, resources, or
energy; and
(D) handling, transporting, and disposing of nonrecoverable
solid waste residue.
(19) "Solid waste" means garbage, rubbish, sludge from a
wastewater treatment plant, water supply treatment plant, or air
pollution control facility, and other discarded material,
including solid, liquid, semisolid, or contained gaseous material
resulting from industrial, municipal, commercial, mining, and
agricultural operations and from community and institutional
activities, but does not include:
(A) solid or dissolved material in domestic sewage or irrigation
return flows or industrial discharges subject to regulation by
permit issued under Chapter 26, Water Code;
(B) soil, dirt, rock, sand, and other natural or man-made inert
solid materials used to fill land if the object of the fill is to
make the land suitable for surface improvement construction; or
(C) waste materials that result from activities associated with
the exploration, development, or production of oil or gas and are
subject to control by the Railroad Commission of Texas.
(20) "Solid waste management" means the systematic control of
any of the following activities:
(A) generation;
(B) source separation;
(C) collection;
(D) handling;
(E) storage;
(F) transportation;
(G) processing;
(H) treatment;
(I) resource recovery; or
(J) disposal of solid waste.
(21) "Solid waste management system" means a plant, composting
process plant, incinerator, sanitary landfill, transfer station,
or other works and equipment that is acquired, installed, or
operated to collect, handle, store, process, recover material or
energy from, or dispose of solid waste, and includes sites for
those works and equipment.
(22) "State solid waste management plan" means the Solid Waste
Management Plan for Texas, Volume 1, Municipal Solid Waste,
adopted by the Texas Board of Health, including subsequent
amendments by the commission.
(23) "Technical assistance fund" means the municipal solid waste
resource recovery applied research and technical assistance fund.
(24) "Yard waste" means leaves, grass clippings, yard and garden
debris, and brush, including clean woody vegetative material not
greater than six inches in diameter, that result from landscaping
maintenance and land-clearing operations. The term does not
include stumps, roots, or shrubs with intact root balls.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 303, Sec. 5, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.032, eff.
Aug. 12, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 11.93, eff.
Sept. 1, 1995.
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.
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.
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.
SUBCHAPTER B. COMMISSION POWERS AND DUTIES
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.
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.
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.
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.
SUBCHAPTER C. 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.
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.
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.
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.
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.
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.
SUBCHAPTER D. 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.
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.
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.
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.
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.
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.
Sec. 363.064. CONTENTS OF REGIONAL OR LOCAL SOLID WASTE
MANAGEMENT PLAN. (a) A regional or local solid waste management
plan must:
(1) include a description and an assessment of current efforts
in the geographic area covered by the plan to minimize production
of municipal solid waste, including sludge, and efforts to reuse
or recycle waste;
(2) identify additional opportunities for waste minimization and
waste reuse or recycling;
(3) include a description and assessment of existing or proposed
community programs for the collection of household hazardous
waste;
(4) make recommendations for encouraging and achieving a greater
degree of waste minimization and waste reuse or recycling in the
geographic area covered by the plan;
(5) encourage cooperative efforts between local governments in
the siting of landfills for the disposal of solid waste;
(6) consider the need to transport waste between municipalities,
from a municipality to an area in the jurisdiction of a county,
or between counties, particularly if a technically suitable site
for a landfill does not exist in a particular area;
(7) allow a local government to justify the need for a landfill
in its jurisdiction to dispose of the solid waste generated in
the jurisdiction of another local government that does not have a
technically suitable site for a landfill in its jurisdiction;
(8) establish recycling rate goals appropriate to the area
covered by the plan;
(9) recommend composting programs for yard waste and related
organic wastes that may include:
(A) creation and use of community composting centers;
(B) adoption of the "Don't Bag It" program for lawn clippings
developed by the Texas Agricultural Extension Service; and
(C) development and promotion of education programs on home
composting, community composting, and the separation of yard
waste for use as mulch;
(10) include an inventory of municipal solid waste landfill
units, including:
(A) landfill units no longer in operation;
(B) the exact boundaries of each former landfill unit or, if the
exact boundaries are not known, the best approximation of each
unit's boundaries;
(C) a map showing the approximate boundaries of each former
landfill unit, if the exact boundaries are not known;
(D) the current owners of the land on which the former landfill
units were located; and
(E) the current use of the land;
(11) assess the need for new waste disposal capacity; and
(12) include a public education program.
(b) If the boundaries of a municipal solid waste unit that is no
longer operating are known to be wholly on an identifiable tract,
the council of governments for the area in which the former
landfill unit is located shall notify the owner of land that
overlays the former landfill unit of the former use of the land
and shall notify the county clerk of the county or counties in
which the former landfill unit is located of the former use. The
notice requirements of this subsection do not apply if the exact
boundaries of a former landfill unit are not known.
(c) The county clerk shall record on the deed records of land
formerly used as a municipal solid waste landfill a description
of the exact boundaries of the former landfill unit, or, if the
exact boundaries are not known, the best approximation of each
unit's boundaries, together with a legal description of the
parcel or parcels of land in which the former landfill unit is
located, notice of its former use, and notice of the restrictions
on the development or lease of the land imposed by this
subchapter. The county clerk shall make the records available for
public inspection.
(d) The municipalities and counties within each council of
governments shall cooperate fully in compiling the inventory of
landfill units.
(e) Each council of governments shall provide a copy of the
inventory of municipal solid waste landfill units to the
commission and to the chief planning official of each
municipality and county in which a unit is located. The
commission and the officials shall make the inventory available
for public inspection.
(f) The commission may grant money from fees collected under
Section 361.013 to a municipality or association of
municipalities for the purpose of conducting the inventory
required by this section.
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(e), eff. Sept. 6, 1990; Acts 1991, 72nd Leg., ch. 238, Sec. 1,
eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 303, Sec. 6, eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 770, Sec. 2, eff. Sept.
1, 1993; Acts 1993, 73rd Leg., ch. 899, Sec. 2.11, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 1045, Sec. 15, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 76, Sec. 11.103, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 1280, Sec. 1, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 7.01, eff. Jan. 11,
2004.
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.
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.
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.
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.
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.
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.
SUBCHAPTER E. PLANNING FUND AND TECHNICAL ASSISTANCE 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.
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.
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.
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.
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.
SUBCHAPTER F. LOCAL SOLID WASTE SERVICES AND REGULATION
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.
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.
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.
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.
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.
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.
Sec. 363.117. SOLID WASTE MANAGEMENT SERVICE CONTRACTS. Under a
solid waste management service contract, a public agency may:
(1) acquire and operate all or any part of one or more solid
waste management systems, including resource recovery systems;
(2) contract with a person or other public agency to manage
solid waste for that person or agency;
(3) contract with a person to purchase or sell, by installments
over a term considered desirable by the governing body or
otherwise, all or any part of a solid waste management system,
including a resource recovery system;
(4) contract with a person or other public agency for the
operation of all or any part of a solid waste management system,
including a resource recovery system;
(5) lease to or from a person or other public agency, for the
term and on the conditions considered desirable by the governing
body, all or any part of a solid waste management system,
including a resource recovery system;
(6) contract to make all or any part of a solid waste management
system available to other persons or public agencies and furnish
solid waste management services through the public agency's
system, provided the contract:
(A) includes provisions to assure equitable treatment of parties
who contract with the public agency for solid waste management
services from all or any part of the same solid waste management
system;
(B) provides the method of determining the amounts to be paid by
the parties;
(C) provides that the public agency shall either operate or
contract with a person to operate for the public agency a solid
waste management system or part of a solid waste management
system;
(D) provides that the public agency is entitled to continued
performance of the services after the amortization of the public
agency's investment in the solid waste management system during
the useful life of the system on payment of reasonable charges
for the services, reduced to take into consideration the
amortization; and
(E) includes any other provisions and requirements the public
agency determines to be appropriate;
(7) contract with another public agency or other persons for
solid waste management services, including contracts for the
collection and transportation of solid waste and for processing
or disposal at a permitted solid waste management facility,
including a resource recovery facility, provided the contract may
specify:
(A) the minimum quantity and quality of solid waste to be
provided by the public agency; and
(B) the minimum fees and charges to be paid by the public agency
for the right to have solid waste processed or disposed of at the
solid waste management facility;
(8) contract with a person or other public agency to supply
materials, fuel, or energy resulting from the operation of a
resource recovery facility; and
(9) contract with a person or other public agency to receive or
purchase solid waste, materials, fuel, or energy recovered from
resource recovery facilities.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
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, Sec. 3.16, eff. April 1, 2009.
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.
SUBCHAPTER G. 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.
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.
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.
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 appro