CHAPTER 30. REGIONAL WASTE DISPOSAL

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WATER CODE

TITLE 2. WATER ADMINISTRATION

SUBTITLE D. WATER QUALITY CONTROL

CHAPTER 30. REGIONAL WASTE DISPOSAL

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 30.001. SHORT TITLE. This chapter may be cited as the

Regional Waste Disposal Act.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.002. PURPOSE. The purpose of this chapter is to

authorize public agencies to cooperate for the safe and

economical collection, transportation, treatment, and disposal of

waste in order to prevent and control pollution of water in the

state.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.003. DEFINITIONS. In this chapter:

(1) "City" means any incorporated city or town, whether

operating under general law or under its home-rule charter.

(2) "District" means any district or authority created and

existing under Article XVI, Section 59 or Article III, Section 52

of the Texas Constitution, including any river authority.

(3) "Public agency" means any district, city, or other political

subdivision or agency of the state which has the power to own and

operate waste collection, transportation, treatment, or disposal

facilities or systems, and any joint board created under the

provisions of Subchapter D or E, Chapter 22, Transportation Code.

(4) "River authority" means any district or authority created by

the legislature which contains an area within its boundaries of

one or more counties and which is governed by a board of

directors appointed or designated in whole or in part by the

governor, or by the Texas Water Development Board, including

without limitation the San Antonio River Authority.

(5) "River basins" and "coastal basins" mean the river basins

and coastal basins now defined and designated by the Texas Water

Development Board as separate units for the purposes of water

development and inter-watershed transfers, and as they are made

certain by contour maps on file in the offices of the Texas Water

Development Board, including but not limited to the rivers and

their tributaries, streams, water, coastal water, sounds,

estuaries, bays, lakes and portions of them, as well as the lands

drained by them.

(6) "Waste" means sewage, industrial waste, municipal waste,

recreational waste, agricultural waste, waste heat, or other

waste that may cause impairment of the quality of water in the

state, including storm waters.

(7) The terms "sewage," "municipal waste," "recreational waste,"

"agricultural waste," "industrial waste," "other waste,"

"pollution," "water," or "water in the state," and "local

government" shall have the meanings defined in Section 26.001 of

this code.

(8) "Sewer system" means pipelines, conduits, storm sewers,

canals, pumping stations, force mains, and all other

constructions, devices, and appurtenant appliances used to

transport waste.

(9) "Treatment facility" means any devices and systems used in

the storage, treatment, recycling, and reclamation of waste to

implement Chapter 26 of this code or necessary to recycle or

reuse water at the most economical cost over the estimated life

of the works, including intercepting sewers, outfall sewers,

pumping, power, and other equipment and their appurtenances;

extensions, improvements, remodeling, additions, and alterations

thereof; elements essential to provide a reliable recycled

supply, such as standby treatment units and clear well

facilities; any works, including sites therefor and acquisition

of the land that will be part of or used in connection with the

treatment process or is used for ultimate disposal of residues

resulting from such treatment; and any plant, disposal field,

lagoon, canal, incinerator, area devoted to sanitary landfills,

or other facilities installed for the purpose of treating,

neutralizing, or stabilizing waste or facilities to provide for

the collection, control, and disposal of waste heat.

(10) "Disposal system" means any system for disposing of waste,

including sewer systems and treatment facilities.

(11) "Canal" means a man-made navigable channel or waterway of

at least two miles in length.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977; Acts 1979, 66th Leg., p. 2185, ch. 834, Sec. 3,

eff. Aug. 27, 1979; Acts 1985, 69th Leg., ch. 795, Sec. 1.133,

eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 165, Sec. 30.276,

eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1057, Sec. 8, eff.

June 20, 2003.

Sec. 30.004. CUMULATIVE EFFECT OF CHAPTER. (a) This chapter is

cumulative of other statutes governing the Texas Water

Development Board and the Texas Natural Resource Conservation

Commission relating to:

(1) the issuance of bonds;

(2) the collection, transportation, treatment, or disposal of

waste; and

(3) the design, construction, acquisition, or approval of

facilities for these purposes.

(b) The powers granted to districts and public agencies by this

chapter are additional to and cumulative of the powers granted by

other laws. This chapter is full authority for any district or

public agency to enter into contracts authorized by it and for

any district to authorize and issue bonds under its provisions

without reference to the provisions of any other law or charter.

No other law or charter provision which limits, restricts, or

imposes additional requirements on matters authorized by this

chapter shall apply to any action or proceeding under this

chapter unless expressly provided to the contrary in this

chapter.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, Sec. 1.134, eff.

Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.069,

eff. Aug. 12, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 11.302,

eff. Sept. 1, 1995.

Sec. 30.005. CONSTRUCTION OF CHAPTER. The terms and provisions

of this chapter shall be liberally construed to accomplish its

purposes.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

SUBCHAPTER B. REGIONAL WASTE DISPOSAL SYSTEMS

Sec. 30.021. DISPOSAL SYSTEM. A district may acquire,

construct, improve, enlarge, extend, repair, operate, and

maintain one or more disposal systems.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.022. PURCHASE AND SALE OF FACILITIES. A district may

contract with any person to purchase or sell by installments over

such term as considered desirable any waste collection,

transportation, treatment, or disposal facilities or systems.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.023. LEASE OF FACILITIES. A district may lease to or

from any person for such term and on such conditions as may be

considered desirable any waste collection, transportation,

treatment, or disposal facilities or systems.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.024. OPERATING AGREEMENTS. A district may make

operating agreements with any person for such terms and on such

conditions as may be considered desirable for the operation of

any waste collection, transportation, treatment, or disposal

facilities or systems of any person by the district.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.025. WASTE DISPOSAL CONTRACTS BY DISTRICT. A district

may make contracts with any person, including any public agency

located inside or outside the boundaries of the district, under

which the district will collect, transport, treat, or dispose of

waste for the person.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.026. CONTRACTS BY RIVER AUTHORITY. Each river authority

may make contracts authorized by this chapter with any person,

including any public agency situated wholly or partly inside its

boundaries and any public agency situated wholly or partly inside

the river basin and any public agency situated wholly or partly

inside the coastal basins adjoining its boundaries, but a river

authority may not make contracts to serve a public agency

situated wholly inside the boundaries of another river authority

or to serve facilities of a person situated wholly within the

boundaries of another river authority, except with the consent of

the other river authority.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.027. CONTRACT WITH PUBLIC AGENCY. A public agency may

make contracts with a district under which the district will make

a disposal system available to the public agency and will furnish

waste collection, transportation, treatment, and disposal

services to the public agency, group of public agencies, or other

persons through the district's disposal system.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.028. CONTRACT PROVISIONS. (a) The contract may provide

for:

(1) duration of the contract for a specified period or until

issued and unissued bonds and refunding bonds of the district are

paid;

(2) assuring equitable treatment of parties who contract with

the district for waste collection, transportation, treatment, and

disposal services from the same disposal system;

(3) requiring the public agency to regulate the quality and

strength of waste to be handled by the disposal system;

(4) sale or lease to or use by a district of all or part of a

disposal system owned or to be acquired by the public agency;

(5) the district operating all or part of a disposal system

owned or to be acquired by the public agency; and

(6) other terms the district or the governing body of the public

agency consider appropriate or necessary.

(b) The contract shall specify the method for determining the

amounts to be paid by the public agency to the district.

shall have the right to use the streets, alleys, and public ways

and places inside the city during the term of the contract.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.029. CONTINUED USE OF DISTRICT FACILITIES. After

amortization of the district's investment in the disposal system,

the public agency is entitled to continued performance of the

service during the useful life of the disposal system, on payment

of reasonable charges reduced to take into consideration the

amortization.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.030. SOURCE OF CONTRACT PAYMENTS. (a) A public agency

may pay for the waste collection, transportation, treatment, and

disposal services with income from its waterworks system,

sanitary sewer system, or both systems, or its combined water and

sanitary sewer system, as prescribed by the contract. In the

alternative, a joint board defined as a public agency in Section

30.003, Subdivision (3), may pay for these services from any

revenue or other funds within its control specified in the

contract if the city councils of the cities which created the

joint board approve, by ordinance, the contract between the joint

board and the district. These payments constitute an operating

expense of each system whose revenue is so used.

(b) The obligation of contract payments on the income of the

public agency's water system is subordinate to the obligation

imposed by any bonds that are payable solely from the water

system net revenue and that are outstanding at the time the

contract is made, unless the ordinance or resolution authorizing

the bonds expressly reserved the right to give the contract

payments a priority over the bond requirements.

substantially according to the applicable provisions of Chapter

1251, Government Code, relating to the issuance of bonds by

cities and it is determined that the public agency is authorized

to levy an ad valorem tax to make all or part of the payments

under a contract with a district, then the contract is an

obligation against the taxing power of the public agency to the

extent authorized, and payments under the contract may be payable

from and constitute solely an obligation against the taxing

powers of the city or may be payable both from taxes and from

revenue prescribed in the contract. Otherwise, neither the

district nor the holders of the district's bonds are entitled to

demand payment of the public agency's obligation out of any tax

revenue.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977; Acts 2001, 77th Leg., ch. 1420, Sec. 8.419, eff.

Sept. 1, 2001.

Sec. 30.031. RATES. (a) When all or part of the payments under

a contract are to be made from revenue of the waterworks system,

sanitary sewer system, both systems, or a combination of both

systems, the public agency shall establish, maintain, and

periodically adjust the rates charged for services of the

systems, so that the revenue, along with any taxes levied in

support of the indebtedness, will be sufficient to pay:

(1) the expenses of operating and maintaining the systems;

(2) the obligations to the district under the contract; and

(3) the obligations of bonds that are secured by revenue of the

systems.

(b) The contract may require the use of consulting engineers and

financial experts to advise the public agency on the need for

adjusting rates.

law to the contrary, a district may use the proceeds of bonds

issued for the purpose of constructing a waste disposal system or

systems, and payable wholly or in part from ad valorem taxes, for

the purchase of capacity in, or a right to have the wastes of the

district treated in, a waste collection, treatment, or disposal

system and facilities owned or to be owned exclusively or in part

by another public agency, and a district may issue bonds payable

wholly or in part from ad valorem taxes specifically for such

purpose if a majority of the resident electors of the district

have authorized the governing body of the district to issue bonds

for that purpose or for the purpose of constructing a waste

disposal system or systems. The bonds shall be issued in

accordance with the provisions of, and shall be subject to the

same terms and conditions of, the laws authorizing the district

to issue bonds for the purpose of constructing waste collection,

treatment, and disposal systems, except as otherwise provided in

this subsection.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.032. SERVICE TO MORE THAN ONE PUBLIC AGENCY. A contract

or group of contracts may provide for the district to render

services concurrently to more than one person through

constructing and operating a disposal system and may provide that

the cost of these services be allocated among the persons as

provided in the contract or group of contracts.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.033. PROPERTY ACQUIRED BY CONDEMNATION OR OTHERWISE.

(a) To accomplish the purposes of this chapter, a district may

acquire by purchase, lease, gift, or in any other manner all or

any interest in property inside or outside the boundaries of the

district and may own, maintain, use, and operate it.

(b) To accomplish the purposes of the chapter, a district may

exercise the power of eminent domain to acquire all or any

interest in property inside or outside the boundaries of the

district. The power shall be exercised according to the laws

applicable or available to the district.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.034. COST OF RELOCATING, ALTERING, ETC. If a district

makes necessary the relocating, raising, rerouting, changing the

grade of, or altering the construction of any highway, railroad,

electric transmission line, pipeline, or telephone or telegraph

properties or facilities in the exercise of powers granted under

this chapter, the district shall pay all of the actual cost of

the relocating, raising, rerouting, changing in grade, or

altering of construction and shall pay all of the actual cost of

providing comparable replacement of facilities without

enhancement, less the net salvage value of the facilities.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.035. ELECTIONS. No election is required for the

exercise of any power under this chapter except for the tax levy

as provided by Section 30.030(c) of this code.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

SUBCHAPTER C. DISTRICT REVENUE BONDS

Sec. 30.051. ISSUANCE OF BONDS. In order to acquire, construct,

improve, enlarge, extend, or repair disposal systems, the

district may issue bonds secured by a pledge of all or part of

the revenue from any contract entered into under this chapter and

other income of the district.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.052. FORM, DENOMINATION, INTEREST RATE. The governing

body of the district shall prescribe the form, denomination, and

rate of interest for the bonds.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.053. REFUNDING BONDS. A district may refund any bonds

issued under this chapter on the terms and conditions and at the

rate of interest the governing body prescribes.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.054. SALE OR EXCHANGE OF BONDS. A district may sell

bonds issued under this chapter at public or private sale at the

price or prices and on the terms determined by the governing

body, or it may exchange the bonds for property or any interest

in property of any kind considered necessary or convenient to the

purposes authorized in this chapter.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.055. INTERIM BONDS. Pending the issuance of definitive

bonds, a district may issue negotiable interim bonds or

obligations eligible for exchange or substitution by use of

definitive bonds.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.056. ATTORNEY GENERAL'S EXAMINATION. (a) After

issuance of the bonds is authorized, the bonds and the record

relating to their issuance may be submitted to the attorney

general for examination.

(b) When the bonds recite that they are secured by a pledge of

the proceeds from a contract between the district and a public

agency, a copy of the contract and the proceedings of the public

agency authorizing the contract may also be submitted to the

attorney general.

and that the contract is made in accordance with the constitution

and laws of this state, he shall approve the bonds and the

contract.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.057. REGISTRATION BY COMPTROLLER. After the bonds have

been approved by the attorney general, they shall be registered

by the state comptroller.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.058. VALIDATION SUIT. (a) Instead of or in addition to

obtaining the approval of the attorney general, the district may

have the bonds validated by suit in the district court as

provided in Chapter 1205, Government Code.

(b) The governing body of the district may wait until after

termination of the validation suit to fix the interest rate and

sale price of the bonds.

proceeds of a contract between the district and a public agency,

the petition shall so allege, and the notice of the suit shall

mention this allegation and shall specify the public agency's

funds or revenues from which the contract payments are to be

made.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977; Acts 2001, 77th Leg., ch. 1420, Sec. 8.420, eff.

Sept. 1, 2001.

Sec. 30.059. BONDS INCONTESTABLE. After the bonds are approved

by the attorney general and registered with the comptroller, the

bonds and the contract are incontestable.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.060. NEGOTIABLE INSTRUMENTS. Bonds issued under this

subchapter are negotiable instruments.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.061. INVESTMENT SECURITIES UNDER UNIFORM COMMERCIAL

CODE. Bonds issued under this subchapter are investment

securities governed by Chapter 8, Uniform Commercial Code.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.062. BONDS AS AUTHORIZED INVESTMENTS. Bonds issued

under this chapter are legal and authorized investments for

banks, savings banks, trust companies, building and loan

associations, savings and loan associations, insurance companies,

fiduciaries, and trustees, and for the sinking funds of cities,

towns, villages, school districts, and other political

corporations or subdivisions of the state.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.063. SECURITY FOR DEPOSITS. The bonds are eligible to

secure deposits of any public funds of the state or any political

subdivision of the state and are lawful and sufficient security

for the deposits to the extent of their value when accompanied by

unmatured coupons attached to the bonds.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.064. FUNDS SET ASIDE FROM BOND PROCEEDS. The district

may set aside out of the proceeds from the sale of bonds:

(1) interest to accrue on the bonds and administrative expenses

to the estimated date when the disposal system will become

revenue producing; and

(2) reserve funds created by the resolution authorizing the

bonds.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.065. INVESTMENT OF PROCEEDS. Pending their use,

proceeds from the sale of bonds may be invested in securities or

time deposits as specified in the resolution authorizing the

issuance of the bonds or the trust indenture securing the bonds.

The earnings on these investments shall be applied as provided in

the resolution or trust indenture.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.066. RATES AND CHARGES. While any bonds are

outstanding, the governing body of the district shall fix,

maintain, and collect for services furnished or made available by

the disposal system rates and charges adequate to:

(1) pay maintenance and operating costs of and expenses

allocable to the disposal system;

(2) pay the principal of and interest on the bonds; and

(3) provide and maintain the funds created by the resolution

authorizing the bonds.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

SUBCHAPTER D. RIVER AUTHORITY PLANNING

Sec. 30.101. AUTHORIZATION OF REGIONAL PLANS. Each river

authority may prepare regional plans for water quality

management, control, and abatement of pollution in any segment of

its river basin and adjoining coastal basins which:

(1) are consistent with any applicable water quality standards

established under current law within the river basin;

(2) recommend disposal systems which will provide the most

effective and economical means of collection, storage, treatment,

and purification of waste, and means to encourage rural,

municipal, and industrial use of the works and systems; and

(3) recommend maintenance and improvement of water quality

standards within the river basin and methods of adequately

financing the facilities necessary to implement the plan.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.102. PLANNING IN RELATED FIELDS. River authorities may

conduct planning in related or affected fields reasonably

necessary to give meaning to the water quality management and

pollution control planning carried out under this subchapter.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.103. JOINT PLANNING. (a) River authorities may join in

the performance of planning functions with any district or public

agency and enter into planning agreements for the term and on the

conditions considered desirable to provide coordinated planning

on a basin-wide scale, including adjacent coastal basins.

(b) River authorities may provide for river basin planning

committees as entities with powers, responsibilities, functions,

and duties conferred by mutual agreement.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.104. COORDINATION WITH OTHER PLANNING AGENCIES. A river

authority performing planning functions under this subchapter

shall coordinate its efforts and cooperate with other public

planning agencies having significant planning interests in any

segment of the river basin in or for which the planning is being

conducted by the river authority.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.105. FINANCIAL ASSISTANCE. River authorities may make

applications and enter into contracts for financial assistance in

comprehensive planning which are appropriate under Section 3(c)

of the Federal Water Pollution Control Act, as amended under 33

U.S.C. Section 1926 et seq., under 40 U.S.C. Section 461 et seq.,

and under any other relevant statutes.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977.

Sec. 30.106. SUPERVISION BY TEXAS NATURAL RESOURCE CONSERVATION

COMMISSION. The Texas Natural Resource Conservation Commission

is authorized to exercise continuing supervision on behalf of the

state of comprehensive plans prepared under this chapter.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.

Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, Sec. 1.135, eff.

Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.070,

eff. Aug. 12, 1991.

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