State Codes and Statutes

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

State Codes and Statutes

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


State Codes and Statutes

State Codes and Statutes

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