State Codes and Statutes

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

State Codes and Statutes

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


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State Codes and Statutes

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


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