Texas Special District Local Laws Code Title 2, Chapter 21 - Upper Sabine Valley Solid Waste Management District

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 21.001 - Definitions
  In this Act: (1) "Board" means the district's board of directors. (2) "Commission" means the Texas Commission on Environmental Quality. (3) "Director" means a board...
• Texas Section 21.002 - Nature Of District
  The district is a conservation and reclamation district created under Section 59, Article XVI, Texas Constitution. Added by Acts 2007, 80th Leg., R.S., Ch. 920...
• Texas Section 21.003 - Purpose
  The purpose of this chapter is to establish an instrumentality to develop and carry out a regional water quality protection program through solid waste management...
• Texas Section 21.004 - Findings And Declaration Of Policy
  (a) The legislature finds that: (1) the quality of water in East Texas is materially affected by the disposal of waste throughout the region; (2)...

SUBCHAPTER B DISTRICT TERRITORY AND CHANGES TO

• Texas Section 21.005 - State Policy Regarding Waste Disposal
  The district's powers and duties are subject to the state policy of encouraging the development and use of integrated area-wide waste collection, treatment, and disposal...
• Texas Section 21.051 - District Territory
  Unless the district territory has been modified under this subchapter, Subchapter J, Chapter 49, Water Code, or other law, the district's territory consists of Rains,...
• Texas Section 21.052 - Annexation Of County; Petition
  (a) The board may annex an adjacent county in the manner provided by this section and Sections 21.053 and 21.055. (b) To initiate annexation proceedings,...
• Texas Section 21.053 - Annexation Petition Hearing; Notice
  (a) On receipt of a petition under Section 21.052, the board shall set a date, time, and place to hold a hearing on the petition....
• Texas Section 21.054 - Exclusion Of County
  (a) The commissioners court of a county in the district may petition the board to hold an election in the county to determine if a...
• Texas Section 21.055 - Election On Annexation Or Exclusion Of County
  (a) Annexation or exclusion of a county is final when approved by a majority of the voters at an election held in the county to...

SUBCHAPTER C BOARD OF DIRECTORS

• Texas Section 21.056 - Continued Bond Obligation For Excluded County
  The exclusion of a county under Section 21.054(c) does not relieve the district of its obligation to perform and observe the covenants and obligations or...
• Texas Section 21.101 - Governing Body; Composition
  (a) The district is governed by a board of directors composed of at least six directors. (b) If the district is composed of only one...
• Texas Section 21.102 - Appointment Of Directors From Annexed County
  (a) The commissioners court of an annexed county shall appoint two directors to serve on the board. (b) The newly appointed directors shall draw lots...
• Texas Section 21.103 - Term
  Except as provided by Section 21.102(b), a director serves a term of four years. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166),...
• Texas Section 21.104 - Eligibility To Serve
  To be eligible to be appointed as or to serve as a director, a person must be: (1) at least 18 years of age; (2)...
• Texas Section 21.105 - Vacancy
  A vacancy on the board shall be filled in the same manner as the original appointment for the unexpired term. Added by Acts 2007, 80th...
• Texas Section 21.106 - Director's Bond
  Each director must execute a $5,000 bond with a corporate surety authorized to do business in this state and conditioned on the faithful performance of...
• Texas Section 21.107 - Term Of Officers
  A person selected as an officer serves for a term of one year. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec....
• Texas Section 21.108 - Bylaws
  The board shall adopt bylaws. The bylaws must prescribe the powers and duties of, and procedures for removal from, a board office. Added by Acts...
• Texas Section 21.109 - Board Meetings
  Except as otherwise provided by law, the board shall meet at least one time each quarter and may meet at any other time provided by...
• Texas Section 21.110 - Compensation
  (a) Unless the board by resolution increases the rate of reimbursement to an amount authorized by Section 49.060, Water Code, a director other than a...

SUBCHAPTER D ADMINISTRATIVE POWERS AND DUTIES

• Texas Section 21.111 - Conflict Of Interest In Contract
  A director who is financially interested in a contract to be executed by the district for the purchase of property or the construction of facilities...
• Texas Section 21.151 - Principal Office
  The district shall maintain its principal office in the district. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.01, eff. April...
• Texas Section 21.152 - General Manager
  (a) The board shall employ a general manager for a term and salary set by the board. (b) The general manager is the chief executive...
• Texas Section 21.153 - Employee And General Manager Fidelity Bonds
  (a) The general manager and each district employee charged with the collection, custody, or payment of any district money shall execute a fidelity bond. The...
• Texas Section 21.154 - Attorney
  (a) The board may appoint an attorney for the district. (b) The person appointed under this section is entitled to the compensation provided by the...

SUBCHAPTER E GENERAL POWERS AND DUTIES

• Texas Section 21.155 - Records; Limit On Disclosure
  (a) The district shall keep its accounts, contracts, documents, minutes, and other records at its principal office. (b) The board and its employees may not...
• Texas Section 21.201 - Administration, Enforcement, And Accomplishment Of Chapter
  (a) The district shall: (1) administer and enforce this chapter; and (2) use district facilities and powers to accomplish the purposes of this chapter. (b)...
• Texas Section 21.202 - Conservation And Reclamation District Powers
  Except as expressly limited by this chapter, the district has all powers, rights, and privileges necessary and convenient for accomplishing the purposes of this chapter...
• Texas Section 21.203 - Rules; Hearings
  (a) The board, after notice and hearing, may adopt rules necessary to carry out this chapter. (b) The board shall adopt rules establishing procedures for...
• Texas Section 21.204 - Scope Of District's Regulatory Power
  The regulatory powers of the district under this chapter apply to each person in the district. Added by Acts 2007, 80th Leg., R.S., Ch. 920...
• Texas Section 21.205 - Plans
  The district may prepare and adopt plans for and may purchase, construct, acquire, own, operate, maintain, repair, improve, and extend inside and outside district boundaries...
• Texas Section 21.206 - Studies And Research
  The district shall: (1) study and research the control of water pollution and waste disposal in the district; (2) cooperate with the commission in any...
• Texas Section 21.207 - Cooperative Agreements With Other Political Subdivisions
  The district may enter into a cooperative agreement with a local government or other political subdivision to: (1) jointly conduct solid waste management activities; and...
• Texas Section 21.208 - Gifts, Grants, And Loans
  The district may apply for, accept, receive, and administer gifts, grants, loans, and other money available from any source to carry out any purpose or...
• Texas Section 21.209 - Acquisition Of Property
  The district may acquire by gift, grant, devise, purchase, lease, or the exercise of the power of eminent domain any land, easement, right-of-way, or other...
• Texas Section 21.210 - Eminent Domain; Cost Of Relocating Property
  (a) The district may exercise the power of eminent domain to acquire land for a purpose authorized by Section 21.205 if the board determines, after...
• Texas Section 21.211 - Entry On Land
  (a) A district director, engineer, or employee may go on any land inside or outside the district to survey and examine the land with reference...
• Texas Section 21.212 - Road Right-of-way
  A governmental entity having jurisdiction over a right-of-way along and across a public state or county road or highway may: (1) designate the placement of...
• Texas Section 21.213 - Consent For Change Or Damage To State Property
  The district must obtain the written consent of the governmental entity having control and jurisdiction over state property, including a facility, before the district may...

SUBCHAPTER F CONSTRUCTION, RENOVATION, AND REPAIR CONTRACTS

• Texas Section 21.214 - Bids On Contracts For Purchase Of Vehicles, Equipment, And Supplies Over $15,000; Exception
  Sec. 21.214. BIDS ON CONTRACTS FOR PURCHASE OF VEHICLES, EQUIPMENT, AND SUPPLIES OVER $15,000; EXCEPTION. (a) If the estimated amount of a proposed contract to...
• Texas Section 21.251 - Authority To Enter Into Construction, Renovation, And Repair Contracts
  The district may contract with any person to construct, renovate, repair, or make improvements to any district works, improvements, waste disposal, treatment, or other facilities,...
• Texas Section 21.252 - Bids On Contracts Over $15,000
  Sec. 21.252. BIDS ON CONTRACTS OVER $15,000. The district may enter into a contract under Section 21.251 that requires an expenditure of more than $15,000...
• Texas Section 21.253 - Contract Specifications, Plans, And Details
  A contract under Section 21.251 must contain, or have attached to it, the specifications, plans, and details for work included in the contract. The work...
• Texas Section 21.254 - Execution And Availability Of Contracts
  (a) A contract under Section 21.251 must be in writing and signed by: (1) the contractor; and (2) a district representative designated by the board....
• Texas Section 21.255 - Contractor's Bond
  (a) A contractor shall execute a bond: (1) in an amount determined by the board, not to exceed the contract price; (2) payable to the...
• Texas Section 21.256 - Board Control And Determination
  (a) The board has control of construction, renovation, or repairs being done for the district under a contract under Section 21.251. (b) The board shall...
• Texas Section 21.257 - Inspection Of Work
  (a) The board shall have the work contracted for under Section 21.251 inspected by engineers, inspectors, and personnel of the district. (b) During the progress...

SUBCHAPTER G WASTE DISPOSAL

• Texas Section 21.258 - Payments For Work
  (a) The district shall pay the contract price of a construction, renovation, or repair contract in accordance with this section. (b) The district shall make...
• Texas Section 21.301 - Acquisition Of Existing Facilities
  If the district acquires existing works, improvements, and waste disposal, treatment, and other facilities, plants, pipelines, equipment, and appliances that are completed, partially completed, or...
• Texas Section 21.302 - Solid Waste Recovery Facility
  The district may construct or acquire and operate a facility used to store, handle, sort, bail, recycle, process, and recover solid waste. Added by Acts...
• Texas Section 21.303 - Standards For Solid Waste Handling
  (a) The district shall establish minimum standards of operation for all aspects of solid waste handling, including: (1) storage; (2) collection; (3) incineration; (4) recycling;...
• Texas Section 21.304 - Management Of Municipal Solid Waste
  (a) The district may assume the exclusive authority to exercise the powers granted to a county under Section 361.165, Health and Safety Code, including the...
• Texas Section 21.305 - On-site Sewage Disposal Systems
  (a) The district may apply to the commission for designation as an authorized agent to implement and enforce on-site sewage disposal rules under Chapter 366,...
• Texas Section 21.306 - Acquisition, Construction, And Operation Of Disposal Systems
  The district may: (1) acquire and provide by purchase, gift, or lease a disposal system in the district or in a county adjacent to the...

SUBCHAPTER H GENERAL FINANCIAL PROVISIONS

• Texas Section 21.307 - Waste Disposal Contracts
  (a) The district may contract to receive and to treat or dispose of waste from a person in the district. (b) The district shall set...
• Texas Section 21.351 - Accounting
  The district shall keep complete and accurate accounts of its business transactions in accordance with generally accepted methods of accounting. Added by Acts 2007, 80th...
• Texas Section 21.352 - Annual Budget
  (a) The district's annual budget must contain a complete financial statement, including a statement of: (1) the outstanding district obligations; (2) the amount of cash...
• Texas Section 21.353 - Sworn Statement Regarding Money And Disbursements
  As soon as practicable after the close of the fiscal year, the district treasurer shall prepare for the board a sworn statement of: (1) the...
• Texas Section 21.354 - Depository
  (a) The board shall name one or more banks to serve as depository for the district's money. (b) District money, other than money transmitted to...
• Texas Section 21.355 - Investments
  (a) The board may place district money in a certificate of deposit of a state or national bank or a state or federal savings and...
• Texas Section 21.356 - Payment Of Expenses
  (a) The board may pay: (1) costs and expenses necessarily incurred in the district's operation; (2) legal fees; and (3) other incidental expenses. (b) The...
• Texas Section 21.357 - Borrowing Money
  The district may borrow money for any purpose authorized by this chapter. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.01,...

SUBCHAPTER I BONDS

• Texas Section 21.358 - Payment Of Judgments
  A court of this state that renders a money judgment against the district may require the board to pay the judgment from money in the...
• Texas Section 21.401 - Authority To Issue Bonds
  The board may issue and sell bonds in the district's name to acquire land and construct works, improvements, and waste disposal, treatment, and other facilities,...
• Texas Section 21.402 - Bond Payment
  The board may provide for the payment of the principal of and interest on the bonds: (1) from the imposition of property taxes on all...
• Texas Section 21.403 - Bond Election
  (a) The district may not issue bonds until the issuance is approved by a majority of voters voting in the district at an election held...
• Texas Section 21.404 - Maturity Of Bonds
  District bonds may mature not more than 50 years after the date of issuance. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166),...
• Texas Section 21.405 - Signature
  District bonds must be signed and executed as provided by the board in the resolution or order authorizing the bonds. Added by Acts 2007, 80th...
• Texas Section 21.406 - Bond Provisions
  (a) In an order or resolution authorizing the issuance of bonds, including refunding bonds, the board may: (1) provide for the flow of money; (2)...
• Texas Section 21.407 - Mandamus By Bondholders
  A holder of a district bond is entitled, in addition to any other right or remedy provided by law, to a writ of mandamus requiring...
• Texas Section 21.408 - Refunding Bonds
  (a) The board may issue refunding bonds to refund outstanding indebtedness issued or assumed by the district. (b) A refunding bond may be: (1) sold,...

SUBCHAPTER J TAXES

• Texas Section 21.409 - Tax Exemption
  District bonds, transactions relating to the bonds, and profits made in the sale of the bonds are exempt from state taxation or taxation by a...
• Texas Section 21.451 - Authority To Impose Property Taxes
  The board annually may impose a tax on all property in the district subject to district taxation. Added by Acts 2007, 80th Leg., R.S., Ch....
• Texas Section 21.452 - Amount Of Tax
  (a) The amount of tax imposed by the board must be in an amount necessary to pay: (1) the principal of and interest on district...
• Texas Section 21.453 - Tax Rate
  In setting the tax rate, the board shall take into consideration the income of the district from sources other than taxation. Added by Acts 2007,...
• Texas Section 21.454 - Tax Collector
  The board may: (1) provide for the appointment of a tax collector for the district; or (2) contract for the collection of taxes as provided...

Last modified: September 28, 2016