CHAPTER 364. COUNTY SOLID WASTE
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
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.
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.
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.
SUBCHAPTER B. COUNTY SOLID WASTE MANAGEMENT
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), 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.
(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.
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.
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.
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.
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.
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.
SUBCHAPTER C. SOLID WASTE MANAGEMENT SYSTEMS AND SERVICES
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.
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.
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.
Sec. 364.034. SOLID WASTE DISPOSAL SERVICE; FEES. (a) A public
agency or a county may:
(1) offer solid waste disposal service to persons in its
territory;
(2) require the use of the service by those persons;
(3) charge fees for the service; and
(4) establish the service as a utility separate from other
utilities in its territory.
(b) A fee for a service provided under this section may be
collected by:
(1) the county;
(2) a private or public entity that contracts with the county to
provide the service; or
(3) another private or public entity that contracts with the
county to collect the fees.
(c) A county may contract with a public or private utility to
collect a fee for a service provided under this section. The
contract may:
(1) require the billing of the fee within the bill for other
utility services;
(2) allow a fee to be paid to the utility for billing and
collecting the fee;
(3) require a system of accounting for fees collected by an
entity other than the county; and
(4) contain other terms as agreed to by the parties.
(d) To aid enforcement of fee collection for the solid waste
disposal service:
(1) a county or the public or private entity that has contracted
with the county to provide the service may suspend service to a
person who is delinquent in payment of solid waste disposal
service fees until the delinquent claim is fully paid; and
(2) a public or private utility that bills and collects solid
waste disposal service fees under this section may suspend
service of that utility, in addition to the suspension of solid
waste disposal service, to a person who is delinquent in the
payment of the solid waste disposal service fee until the
delinquent claim is fully paid.
(e) Except as provided by Subsections (f), (g), and (h), this
section does not apply to a person who provides the public or
private entity, public agency, or county with written
documentation that the person is receiving solid waste disposal
services from another entity. Nothing in this section shall
limit the authority of a public agency, including a county or a
municipality, to enforce its grant of a franchise or contract for
solid waste collection and transportation services within its
territory. Except as provided by Subsection (f), the governing
body of a municipality may provide that a franchise it grants or
a contract it enters into for solid waste collection and
transportation services under this subchapter or under other law
supersedes inside of the municipality's boundaries any other
franchise granted or contract entered into under this subchapter.
(f) Notwithstanding the other provisions of this section, a
political subdivision, including a county or a municipality, may
not restrict the right of an entity to contract with a licensed
waste hauler for the collection and removal of domestic septage
or of grease trap waste, grit trap waste, lint trap waste, or
sand trap waste.
(g) Except as provided by this subsection, a person is exempt
from the application of a requirement adopted by a public agency
or county under Subsection (a) if the person, on the date the
requirement is adopted, is receiving under a contract in effect
on that date solid waste disposal services at a level that is the
same as or higher than the level of services that otherwise would
be required. The exception provided by this subsection does not
apply to a requirement adopted under this section by a
municipality. To qualify for the exemption provided by this
subsection, the person must provide to the public agency or
county written documentation acceptable to the public agency or
county not later than the 30th day before the date the otherwise
required services are scheduled to begin. The person who
provides solid waste disposal services to a person who qualifies
for the exemption shall notify the public agency or county that
the services under the contract have stopped not later than the
15th day after the date those services are stopped for any
reason.
(h) This section does not apply to a private entity that
contracts to provide temporary solid waste disposal services to a
construction project.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2001, 77th Leg., ch. 1238, Sec. 1, eff. Jan. 1,
2002; Acts 2003, 78th Leg., ch. 271, Sec. 2, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1394, Sec. 1, eff. June 15, 2007.
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.
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.
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, Sec. 3.77(2), eff. April 1, 2009.
SUBCHAPTER D. 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.
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.
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.
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.
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.
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.
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.
Sec. 364.058. ADJUSTMENT OF RATES AND CHANGES TO MAINTAIN
ADEQUATE REVENUE. If bonds are outstanding, the commissioners
court shall establish, maintain, and collect rates and charges
for services furnished or made available by the solid waste
disposal system adequate to:
(1) pay maintenance and operation costs of and expenses
allocable to the solid waste disposal system and the principal of
and interest on the bonds; and
(2) provide and maintain funds created by the resolution
authorizing the bonds.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.