CHAPTER 364. COUNTY SOLID WASTE

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > 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.

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.

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.

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.

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.

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.

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.

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.

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.

(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.

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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!