Texas Health And Safety Code Title 5, Chapter 362 - Solid Waste Resource Recovery Financing Act

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 362.001 - Short Title
  This chapter may be cited as the Solid Waste Resource Recovery Financing Act. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
• Texas Section 362.002 - Policy And Purpose
  (a) The policy of the state is to safeguard the public health, general welfare, and physical property from solid waste pollution by encouraging the processing...
• Texas Section 362.003 - Definitions
  In this chapter: (1) "Bond" includes a note or other evidence of indebtedness. (2) "Cost" means expenses related or incidental to the acquisition, construction, or...
• Texas Section 362.004 - Effect Of Other Law
  (a) This chapter does not limit the authority of the Texas Natural Resource Conservation Commission or a local government to: (1) perform a power or...

SUBCHAPTER B OPERATION OF SYSTEM

• Texas Section 362.005 - Exception For Certain Material Presorted To Be Recycled
  This chapter does not authorize a public agency to compel burning of material presorted to be recycled. Acts 1989, 71st Leg., ch. 678, Sec. 1,...
• Texas Section 362.011 - Authority To Acquire And Transfer Property
  (a) An issuer may acquire, construct, and improve a system for lease or sale as provided by this chapter and may acquire real property as...
• Texas Section 362.012 - Location Of System
  A system may be located on the property of any person. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
• Texas Section 362.013 - Contract Terms And Procedures
  (a) The provisions of Chapter 2253, Government Code, that relate to performance and payment bonds apply to a contract entered into by an issuer. (b)...
• Texas Section 362.014 - Public Agency Contract
  (a) A public agency, on terms it considers appropriate, may contract with an issuer or other person who finances, constructs, or improves a system to...
• Texas Section 362.015 - Payment Of Contract From Sources Other Than Taxes
  (a) A public agency may use any available revenue or resource for, or pledge the revenue or resource to, payment of all or part of...
• Texas Section 362.016 - Payment Of Contract From Taxes
  (a) A public agency that has taxing power and that, when it enters into a contract under Section 362.014, is using its general funds, including...
• Texas Section 362.017 - Industrial Development Corporation
  (a) A public agency that has entered into a contract under Section 362.014 may sponsor the creation of an industrial development corporation under the Development...
• Texas Section 362.018 - Cost Of Certain Required Alterations
  The relocation, raising, lowering, rerouting, changing of grade, or altering of construction of a highway, railroad, electric transmission line, telegraph or telephone property or facility,...

SUBCHAPTER C BONDS

• Texas Section 362.019 - Taxation
  (a) Bonds issued under this chapter, the transfer of the bonds, and income from the bonds are exempt from taxation in this state. (b) A...
• Texas Section 362.031 - Authority To Issue Bonds And Bond Anticipation Notes
  (a) An issuer may issue bonds, payable from revenues of the issuer, to finance or refinance the cost of acquiring, constructing, or improving a system....
• Texas Section 362.032 - Form And Procedure
  (a) Bonds under this chapter must be authorized by resolution. The bonds must: (1) be signed by the presiding officer or assistant presiding officer of...
• Texas Section 362.033 - Terms
  Bonds issued under this chapter must mature serially or in another manner not more than 40 years after they are issued. The bonds may: (1)...
• Texas Section 362.034 - Approval And Registration
  (a) An issuer shall submit bonds that have been authorized by its governing body, including refunding bonds and the record relating to the bond issuance,...
• Texas Section 362.035 - Pledge Of Revenue And Other Amounts As Security
  (a) Bonds are payable solely from and shall be secured by a pledge of: (1) revenues of the issuer derived from the lease or sale...
• Texas Section 362.036 - Security May Apply To Additional Bonds
  (a) A pledge under Section 362.035 may reserve the right, under conditions specified by the pledge, to issue additional bonds to be on a parity...
• Texas Section 362.037 - Trust As Security
  (a) The issuer's governing body may additionally secure bonds, including refunding bonds, by a trust indenture under which the trustee may be a bank that...
• Texas Section 362.038 - Other Security
  (a) The bonds may be additionally secured by a mortgage, deed of trust lien, or security interest in a designated system of the issuer's governing...
• Texas Section 362.039 - Action By Bondholders
  (a) The resolution or a security agreement may provide that on default in the payment of principal of or interest on the bonds, or threatened...
• Texas Section 362.040 - Investment And Use Of Proceeds
  (a) The governing body of the issuer may set aside amounts from the proceeds of the sale of bonds for payment into an interest and...
• Texas Section 362.041 - Refunding Bonds
  (a) The governing body of an issuer may issue refunding bonds to refund the principal of, interest on, and any redemption premium applicable to outstanding...
• Texas Section 362.042 - Legal Investments; Security For Deposits
  (a) Bonds issued under this chapter are legal and authorized investments for: (1) a bank; (2) a savings bank; (3) a trust company; (4) a...
• Texas Section 362.043 - Bonds Not General Obligation
  The bonds are special obligations payable solely from revenues pledged to their payment and are not general obligations of the governing body, the issuer, or...

Last modified: September 28, 2016