CHAPTER 368. COUNTY REGULATION OF TRANSPORTATION OF WASTE
HEALTH AND SAFETY CODE
TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY
SUBTITLE B. SOLID WASTE, TOXIC CHEMICALS, SEWAGE, LITTER, AND
WATER
CHAPTER 368. COUNTY REGULATION OF TRANSPORTATION OF WASTE
SUBCHAPTER A. TRANSPORTERS OF GREASE TRAP, SAND TRAP, AND SEPTIC
WASTE
Sec. 368.001. REGULATORY PROGRAM. The commissioners court of a
county may establish a program regulating transporters of grease
trap, sand trap, and septic waste.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 368.002. PARTICIPATION BY MUNICIPALITY IN REGULATORY
PROGRAM. The commissioners court may enter into a contract with
a municipality that provides the terms and conditions under which
the municipality may participate in the regulatory program.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 368.003. PERMITS. The commissioners court of a county may:
(1) require a permit for trucks that transport grease trap, sand
trap, and septic waste, including trucks serving unincorporated
areas of the county;
(2) by order establish guidelines and procedures for issuing
permits to trucks that transport grease trap, sand trap, and
septic waste; and
(3) issue a single permit number that allows a municipality
participating in the county regulatory program the option to add
to that permit number a suffix unique to the municipality.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 368.004. INSPECTIONS. The commissioners court of a county
may:
(1) coordinate with municipalities the inspection of trucks that
transport grease trap, sand trap, and septic waste;
(2) by order establish guidelines and procedures to coordinate
truck inspections; and
(3) assess an inspection fee sufficient to cover the cost to the
county of providing the inspection service.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 368.005. CONTRACTS. The commissioners court of a county
may contract with a person to provide a service that is part of
the regulatory program.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 368.006. FORMS. The commissioners court of a county may
develop a single manifest form with a uniform manifest
registration and numbering system to be used by the county and
each participating municipality.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER B. REGULATION AND LICENSING OF WASTE HAULERS
Sec. 368.011. DEFINITIONS. In this subchapter:
(1) "Waste" means:
(A) animal and vegetable waste materials resulting from the
handling, preparation, cooking, or consumption of food;
(B) discarded paper, rags, cardboard, wood, rubber, plastics,
yard trimmings, fallen leaves, brush materials, and similar
combustible items; and
(C) discarded glass, crockery, tin or aluminum cans, metal
items, and similar items that are noncombustible at ordinary
incinerator temperatures.
(2) "Waste hauler" means a person who, for compensation,
transports waste by the use of a motor vehicle.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 368.012. COUNTY LICENSING AND REGULATION. To protect the
public health, safety, or welfare, the commissioners court of a
county with a population of less than 375,000 may by ordinance:
(1) require a waste hauler who transports waste in
unincorporated areas of the county to be licensed by the county;
(2) establish requirements for obtaining and renewing a waste
hauler license;
(3) impose a license issuance or renewal fee in an amount that
generates annually the approximate amount of revenue needed to
fund the licensing program for a year;
(4) establish standards governing the transportation of waste in
unincorporated areas of the county;
(5) establish grounds for suspending or revoking a waste hauler
license; and
(6) prescribe any other provisions necessary to administer the
licensing program.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 426, Sec. 1, eff. May 29,
1997.
Sec. 368.013. EXEMPTIONS FOR CERTAIN WASTE HAULERS. (a) This
subchapter does not apply to an entity that transports:
(1) material as part of a recycling program; or
(2) salt water, drilling fluids, or other waste associated with
the exploration, development, and production of oil, gas, or
geothermal resources.
(b) Except as provided by Subsection (c), a county may not
require a waste hauler license to be held by a waste hauler:
(1) while transporting waste on behalf of a municipality or
other governmental entity; or
(2) operating regularly in more than three counties.
(c) A county may require a waste hauler who transports waste on
behalf of a municipality or other governmental entity to have a
waste hauler license if the hauler deposits any part of that
waste in a county other than the county in which all or part of
the municipality or other governmental entity is located.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 368.014. BOND OR OTHER FINANCIAL ASSURANCE. (a) An
applicant for a waste hauler license must execute a surety bond
or provide other financial assurance that is payable for the use
and benefit of the county or any other person harmed by the waste
hauler's actions.
(b) The bond or other financial assurance must be in an amount
the commissioners court considers necessary or desirable
according to the risk of harm associated with the operation of
the waste hauling business.
(c) A bond executed under this section must comply with the
insurance laws of this state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 368.015. FEES. Fees or other money received by a county
under the licensing program shall be deposited to the credit of
the general fund of the county.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 368.016. CONFLICT WITH OTHER REGULATIONS. If a requirement
or standard established under Section 368.012 conflicts with
state law, a rule adopted under state law, or a municipal
ordinance or charter, the stricter provision prevails.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 368.017. INJUNCTION. A county is entitled to appropriate
injunctive relief to prevent the violation or threatened
violation of an ordinance the county adopts under this
subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 368.018. CRIMINAL PENALTY. (a) If a county ordinance
adopted under this subchapter defines an offense for a violation
of the ordinance, the offense is a Class C misdemeanor.
(b) A separate offense occurs on each day on which all the
elements of the offense exist.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.