Texas Health And Safety Code Title 5, Chapter 363 - Municipal Solid Waste

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...

SUBCHAPTER B COMMISSION POWERS AND DUTIES

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER C ADVISORY COUNCIL

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D REGIONAL AND LOCAL SOLID WASTE MANAGEMENT PLANS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER E PLANNING FUND AND TECHNICAL ASSISTANCE FUND

• Texas Section 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)...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER F LOCAL SOLID WASTE SERVICES AND REGULATION

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER G BONDS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 363.135 - Bond Payment And Security
  A public agency may pay the principal of and interest on bonds: (1) from the levy and collection of taxes on all taxable property in...
• Texas Section 363.136 - Bond Election
  Bonds secured in whole or in part by taxes may not be issued by a public agency until authorized by a majority vote of the...
• Texas Section 363.137 - Other Security
  (a) The bonds may be additionally secured by a deed of trust or mortgage lien on part or all of the physical property of a...
• Texas Section 363.138 - Bond Sale And Exchange
  (a) A public agency may sell bonds at a public or private sale at a price and on terms determined by the governing body. (b)...
• Texas Section 363.139 - Investment And Use Of Proceeds
  (a) Money may be set aside out of bond proceeds to provide for: (1) interest to accrue on the bonds; (2) administrative expenses up to...
• Texas Section 363.140 - Refunding Bonds
  (a) A public agency may issue refunding bonds to refund all or part of its outstanding bonds, including matured but unpaid interest coupons. (b) Refunding...
• Texas Section 363.141 - Legal Investments; Security For Deposits
  (a) Public agency bonds are legal and authorized investments for: (1) a bank; (2) a savings bank; (3) a trust company; (4) a savings and...
• Texas Section 363.142 - Tax Status Of Bonds
  Since a public agency is a public entity performing an essential public function, bonds issued by the public agency, any transaction relating to the bonds,...
• Texas Section 363.143 - Fees For Services
  (a) While bonds are outstanding, the governing body may adopt and collect fees for services furnished or made available by the solid waste management system,...
• Texas Section 363.144 - Adjustment Of Rates For Adequate Revenue
  A public agency shall adopt and adjust the rates charged for solid waste management services so that revenues, together with taxes levied to support the...
• Texas Section 363.145 - Bond Anticipation Notes
  (a) A public agency may declare an emergency if funds are not available to pay the principal of or interest on the public agency's bonds...

Last modified: September 28, 2016