By: Yost H.B. No. 1267
73R3007 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administration, powers, duties, operations,
1-3 financing, and organization of solid waste management districts;
1-4 granting the power of eminent domain and the authority to issue
1-5 bonds; authorizing a tax.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Title 5, Health and Safety Code, is amended by
1-8 adding Subtitle E to read as follows:
1-9 SUBTITLE E. SOLID WASTE MANAGEMENT DISTRICTS
1-10 CHAPTER 411. PROVISIONS APPLICABLE TO ALL DISTRICTS
1-11 SUBCHAPTER A. GENERAL PROVISIONS
1-12 Sec. 411.001. DEFINITIONS. In this subtitle:
1-13 (1) "Board" means the board of directors of a
1-14 district.
1-15 (2) "Commission" means the Texas Natural Resource
1-16 Conservation Commission.
1-17 (3) "Director" means a member of the board.
1-18 (4) "District" means a solid waste management district
1-19 governed by this chapter.
1-20 (5) "Local government" means an incorporated
1-21 municipality, a county, or a water or other special district or
1-22 authority acting under Article III, Sections 52(b)(1) and (2), or
1-23 Article XVI, Section 59, of the Texas Constitution.
1-24 (6) "Municipal solid waste" has the meaning assigned
2-1 by Section 361.003.
2-2 (7) "Outside the district" means the area contained in
2-3 counties adjacent to a district.
2-4 (8) "Resource recovery facility" means a facility used
2-5 to store, handle, sort, bail, recycle, process, and recover solid
2-6 waste.
2-7 (9) "Sewage" has the meaning assigned by Section
2-8 366.002.
2-9 (10) "Solid waste" has the meaning assigned by Section
2-10 361.003.
2-11 (11) "Solid waste management system" means a system
2-12 for controlling all aspects of the collection, handling,
2-13 transportation, processing, recovery, and disposal of solid waste.
2-14 (12) "Water" means groundwater, percolating or
2-15 otherwise, lakes, bays, ponds, springs, rivers, streams, creeks,
2-16 and all other bodies of surface water, natural or artificial, that
2-17 are wholly or partially within a district.
2-18 (13) "Water pollution" means the alteration of the
2-19 physical, chemical, or biological quality of or the contamination
2-20 of water that renders the water harmful, detrimental, or injurious
2-21 to humans, animal life, vegetation, or property, or to public
2-22 health, safety, or welfare, or that impairs the usefulness or the
2-23 public enjoyment of the water for any lawful or reasonable purpose.
2-24 Sec. 411.002. APPLICATION OF OTHER LAWS. A district
2-25 governed by this chapter is subject to:
2-26 (1) regulation under Chapter 361; and
2-27 (2) the applicable provisions of the:
3-1 (A) Election Code;
3-2 (B) Local Government Code;
3-3 (C) Property Code;
3-4 (D) Water Code;
3-5 (E) open meetings law, Chapter 271, Acts of the
3-6 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
3-7 Texas Civil Statutes); and
3-8 (F) open records law, Chapter 424, Acts of the
3-9 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
3-10 Texas Civil Statutes).
3-11 Sec. 411.003. SUPERVISION OF DISTRICT. A district is
3-12 subject to the continuing right of supervision by the commission in
3-13 accordance with state law.
3-14 (Sections 411.004-411.010 reserved for expansion
3-15 SUBCHAPTER B. CREATION OF DISTRICT
3-16 Sec. 411.011. DISTRICT CREATED BY LEGISLATIVE ACT. (a) The
3-17 legislature by special law may create a solid waste management
3-18 district under Article XVI, Section 59, of the Texas Constitution.
3-19 The district is a governmental entity and a body politic and
3-20 corporate.
3-21 (b) The legislature shall provide for the appointment of
3-22 seven temporary directors for a district.
3-23 Sec. 411.012. CREATION AND DIRECTORS' ELECTION. (a) Within
3-24 30 days after all temporary directors have been appointed and have
3-25 qualified, the temporary directors shall meet and shall call an
3-26 election to be held within the boundaries of the proposed district
3-27 to approve the creation of the district and to elect permanent
4-1 directors. A person who desires to be a candidate for the office
4-2 of permanent director may file an application with the temporary
4-3 board to have the candidate's name printed on the ballot as
4-4 provided by Section 411.023.
4-5 (b) In the order calling the election, the temporary
4-6 directors shall designate election precincts and polling places for
4-7 the election. In designating the polling places, the temporary
4-8 directors shall consider the needs of all voters for conveniently
4-9 located polling places.
4-10 (c) The temporary directors shall publish notice of the
4-11 election at least one time in a newspaper or newspapers that have
4-12 general circulation within the boundaries of the proposed district.
4-13 (d) The ballot for the election must be printed to provide
4-14 for voting for or against the proposition: "The creation of the
4-15 _______ Solid Waste Management District." If the district levies a
4-16 maintenance tax for payment of its expenses, the proposition shall
4-17 include the following language: "and the levy of a maintenance tax
4-18 at a rate not to exceed _______ (insert amount not to exceed 50
4-19 cents) cents for each $100 of assessed valuation." In addition,
4-20 the temporary directors shall have the names of the seven persons
4-21 serving as temporary directors placed on the ballot together with
4-22 the name of any candidate filing for the office of director as
4-23 provided by Subsection (a) and blank spaces to write in the names
4-24 of other persons.
4-25 (e) Immediately after the election, the presiding judge of
4-26 each polling place shall deliver the returns of the election to the
4-27 temporary board, and the board shall canvass the returns and
5-1 declare the result.
5-2 (f) If a majority of the votes cast at the election favor
5-3 the creation of the district, the temporary board shall declare the
5-4 district created, enter the results in its minutes, and declare the
5-5 seven persons who receive the most votes to be elected as permanent
5-6 directors. If a majority of the votes cast at the election are
5-7 against the creation of the district, the temporary board shall
5-8 declare the district defeated and shall enter the results in its
5-9 minutes. The temporary board shall file a copy of the election
5-10 results with the commission.
5-11 (g) If the proposition to create a district is defeated, an
5-12 election to create a district in the area may not be called before
5-13 the first anniversary of the date on which the election on the
5-14 proposition was held.
5-15 Sec. 411.013. BOND AND TAX PROPOSITION. (a) At an election
5-16 to create a district, the temporary directors may include a
5-17 proposition for the issuance of bonds, the levy of taxes to retire
5-18 all or part of the bonds, and the levy of a maintenance tax at a
5-19 rate not to exceed 50 cents on each $100 of assessed valuation.
5-20 (b) The board shall include in any bond and tax proposition
5-21 the maximum amount of bonds to be issued and their maximum maturity
5-22 date.
5-23 (Sections 411.014-411.020 reserved for expansion
5-24 SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
5-25 Sec. 411.021. ELECTION OF DIRECTORS. (a) On the first
5-26 Saturday in May of the second year after the year in which a
5-27 district is authorized to be created at a confirmation election, an
6-1 election shall be held in the district for the election of three
6-2 directors who shall each serve two-year terms and four directors
6-3 who shall each serve four-year terms. Thereafter, on the same date
6-4 in each subsequent second year, the appropriate number of directors
6-5 shall be elected to the board.
6-6 (b) If the district's boundaries are coextensive with the
6-7 boundaries of one county, one director shall be elected from each
6-8 commissioner precinct and three directors shall be elected from the
6-9 district at large.
6-10 (c) If the district's boundaries are not coextensive with
6-11 the boundaries of one county, the directors shall be elected from
6-12 the district at large.
6-13 (d) At the initial election of directors under Subsection
6-14 (b), the candidate receiving the highest number of votes from a
6-15 commissioner precinct is the director for that precinct, and the
6-16 three candidates receiving the highest number of votes from the
6-17 district at large are the directors for the district at large. If
6-18 two or more persons tie for the third-highest vote, the initial
6-19 board shall select the third member from those tying for the place.
6-20 The candidates elected from the odd-numbered precincts and the two
6-21 candidates elected from the district at large who receive the
6-22 highest number of votes at the election serve for a term of four
6-23 years. The candidates elected from the even-numbered precincts and
6-24 the candidate elected from the district at large who receives the
6-25 third-highest number of votes at that election serve for a term of
6-26 two years.
6-27 (e) At the initial election of directors under Subsection
7-1 (c), the seven candidates receiving the highest number of votes at
7-2 that election are directors for the district. The four directors
7-3 receiving the highest number of votes at the initial election serve
7-4 for a term of four years. The remaining directors serve for a term
7-5 of two years.
7-6 Sec. 411.022. QUALIFICATIONS FOR OFFICE. (a) To be
7-7 eligible to be a candidate for or to serve as director, a person
7-8 must be:
7-9 (1) a resident of the district; and
7-10 (2) a qualified voter.
7-11 (b) In addition to the qualifications required by Subsection
7-12 (a), a person who is elected from a commissioner precinct or who is
7-13 appointed to fill a vacancy for a commissioner precinct must be a
7-14 resident of that commissioner precinct.
7-15 (c) Each director must execute a bond in the amount of
7-16 $5,000 with a corporate surety authorized to do business in this
7-17 state and conditioned on the faithful performance of the director's
7-18 duties.
7-19 Sec. 411.023. APPLICATION FOR ELECTION. (a) A person who
7-20 wishes to have the person's name printed on the ballot at a
7-21 directors' election as a candidate for director shall file an
7-22 application with the secretary of the district.
7-23 (b) If applicable, the application must specify the
7-24 commissioner precinct the candidate wishes to represent or specify
7-25 that the candidate wishes to represent the district at large.
7-26 Sec. 411.024. VACANCY ON BOARD. A vacancy on a board shall
7-27 be filled by appointment of the remaining members of the board
8-1 until the next election of directors for the district. If that
8-2 position is not scheduled to be filled at that election, the person
8-3 elected to fill the position serves only for the remainder of the
8-4 unexpired term.
8-5 Sec. 411.025. OATH. Each director shall file the statement
8-6 and take the constitutional oath of office required of state
8-7 officers.
8-8 Sec. 411.026. ORGANIZATION OF BOARD. (a) After each
8-9 biennial election of directors, the board shall hold a regular
8-10 meeting in May at the district office and shall organize by
8-11 electing from the members of the board one person to serve as
8-12 chairman, one person to serve as vice-chairman, and one person to
8-13 serve as secretary.
8-14 (b) The chairman shall preside over meetings of the board,
8-15 and in the chairman's absence the vice-chairman shall preside.
8-16 (c) The chairman, vice-chairman, and secretary shall perform
8-17 the duties and may exercise the powers specifically given them by
8-18 this chapter or by orders of the board.
8-19 (d) The board may appoint a treasurer and an attorney for
8-20 the district. The persons appointed under this subsection are
8-21 entitled to the compensation provided by the district's budget.
8-22 (e) The person appointed as treasurer shall execute a bond
8-23 in the amount determined by the board, payable to the district,
8-24 conditioned on the faithful performance of the treasurer's duties.
8-25 The district shall pay for the bond.
8-26 Sec. 411.027. INTEREST IN CONTRACT. A director who is
8-27 financially interested in a contract to be executed by the district
9-1 for the purchase of property or the construction of facilities
9-2 shall disclose that fact to the other directors and may not vote on
9-3 the acceptance of the contract.
9-4 Sec. 411.028. DIRECTOR'S COMPENSATION. (a) A director is
9-5 entitled to receive $25 a day and reimbursement for actual and
9-6 necessary expenses incurred:
9-7 (1) for each day the director attends meetings of the
9-8 board; and
9-9 (2) for each day the director attends to the business
9-10 of the district that is authorized by board resolution or motion.
9-11 (b) A director is not entitled to receive a per diem
9-12 allowance for more than 30 days in any one calendar year.
9-13 Sec. 411.029. GENERAL MANAGER; PERSONNEL. (a) The board
9-14 may employ a general manager for a term and salary set by the
9-15 board.
9-16 (b) The general manager is the chief executive officer of
9-17 the district. Under policies established by the board, the general
9-18 manager is responsible to the board for:
9-19 (1) administering the directives of the board;
9-20 (2) keeping the district's records, including minutes
9-21 of the board's meetings;
9-22 (3) coordinating with state, federal, and local
9-23 agencies;
9-24 (4) developing plans and programs for the board's
9-25 approval;
9-26 (5) hiring, supervising, training, and discharging
9-27 district employees;
10-1 (6) contracting for or retaining technical,
10-2 scientific, legal, fiscal, and other professional services; and
10-3 (7) performing any other duty assigned to the general
10-4 manager by the board.
10-5 (c) The board may discharge the general manager on a
10-6 majority vote of all of the directors.
10-7 (d) The general manager and each employee of the district
10-8 charged with the collection, custody, or payment of any money of
10-9 the district shall execute a fidelity bond. The board shall
10-10 approve the form, amount, and surety of the bond. The district
10-11 shall pay the premiums on the employees' bonds under this section.
10-12 Sec. 411.030. PRINCIPAL OFFICE. A district shall maintain
10-13 its principal office inside the district's boundaries.
10-14 Sec. 411.031. MEETINGS. (a) The board shall hold regular
10-15 quarterly meetings. It may hold meetings at other times as
10-16 required for the business of the district.
10-17 (b) Any person may attend a meeting of the board and may
10-18 present in an orderly manner matters for the board's consideration.
10-19 (c) Meetings shall be conducted and notice of meetings shall
10-20 be posted in accordance with the open meetings law, Chapter 271,
10-21 Acts of the 60th Legislature, Regular Session, 1967 (Article
10-22 6252-17, Vernon's Texas Civil Statutes).
10-23 Sec. 411.032. MINUTES AND RECORDS OF DISTRICT. (a) The
10-24 board shall keep a complete account of all its meetings and
10-25 proceedings and shall preserve its minutes, contracts, records,
10-26 notices, accounts, receipts, and other records in a safe place.
10-27 All minutes, contracts, records, notices, accounts, receipts, and
11-1 other records are the property of the district and subject to
11-2 public inspection.
11-3 (b) Neither the board nor its employees may disclose a
11-4 district record that relates to trade secrets or the economics of
11-5 an industry's operations.
11-6 Sec. 411.033. ELECTION. (a) Except as provided by Section
11-7 411.012, an election in a district shall be held on an authorized
11-8 uniform election date as provided by the Election Code.
11-9 (b) Each election shall be held in accordance with the
11-10 Election Code.
11-11 Sec. 411.034. EMINENT DOMAIN. (a) A district may exercise
11-12 the power of eminent domain to acquire by condemnation a fee simple
11-13 or other interest in property located inside the district if the
11-14 property interest is necessary to the exercise of the authority
11-15 conferred by this chapter.
11-16 (b) The district must exercise the power of eminent domain
11-17 in the manner provided by Chapter 21, Property Code, but the
11-18 district is not required to deposit in the trial court money or a
11-19 bond as provided by Section 21.021(a), Property Code.
11-20 (c) In a condemnation proceeding brought by a district, the
11-21 district is not required to pay in advance or give bond or other
11-22 security for costs in the trial court, to give bond for the
11-23 issuance of a temporary restraining order or a temporary
11-24 injunction, or to give bond for costs or supersedeas on an appeal
11-25 or writ of error.
11-26 (d) In exercising the power of eminent domain, if the
11-27 district requires relocating, raising, lowering, rerouting,
12-1 changing the grade, or altering the construction of any railroad,
12-2 highway, pipeline, or electric transmission or distribution,
12-3 telegraph, or telephone lines, conduits, poles, or facilities, the
12-4 district must bear the actual cost of relocating, raising,
12-5 lowering, rerouting, changing the grade, or altering the
12-6 construction to provide comparable replacement without enhancement
12-7 of facilities after deducting the net salvage value derived from
12-8 the old facility.
12-9 Sec. 411.035. CONTRACTS. (a) The board may enter into
12-10 contracts for administration or services as provided by this
12-11 chapter and in accordance with the applicable provisions of the
12-12 Local Government Code.
12-13 (b) A contract shall be executed by the board in the name of
12-14 the district.
12-15 Sec. 411.036. CONSTRUCTION, RENOVATION, AND REPAIR
12-16 CONTRACTS. (a) A district may contract with any person to
12-17 construct, renovate, or repair any of its works, improvements, or
12-18 facilities, or other plants, pipelines, equipment, and appliances
12-19 and, from time to time, make improvements to them.
12-20 (b) Contracts entered into under this section requiring an
12-21 expenditure of more than $10,000 may be made only after competitive
12-22 bidding as provided by Subchapter B, Chapter 271, Local Government
12-23 Code.
12-24 (c) A contract entered into under this section must contain,
12-25 or have attached to it, the specifications, plans, and details for
12-26 work included in the contract, and work shall be done according to
12-27 those plans and specifications under the supervision of the
13-1 district. The contract must be in writing and signed by the
13-2 contractor and a representative of the district designated by the
13-3 board. The contract shall be kept in the district's office and
13-4 must be available for public inspection.
13-5 Sec. 411.037. CONTRACTOR'S BOND. (a) A contractor shall
13-6 execute a bond in an amount determined by the board, not to exceed
13-7 the contract price, payable to the district and approved by the
13-8 board, conditioned on the faithful performance of the obligations,
13-9 agreements, and covenants of the contract.
13-10 (b) The bond must provide that if the contractor defaults on
13-11 the contract, the contractor will pay to the district all damages
13-12 sustained as a result of the default. The bond shall be deposited
13-13 in the district's depository, and a copy of the bond shall be kept
13-14 in the district's office.
13-15 Sec. 411.038. MONITORING WORK. (a) The board has control
13-16 of construction, renovation, or repairs being done for the district
13-17 under a contract entered into under Section 411.036 and shall
13-18 determine whether or not the contract is being fulfilled.
13-19 (b) The board shall have the construction, renovation, or
13-20 repair work inspected by engineers, inspectors, and personnel of
13-21 the district.
13-22 (c) During the progress of the work, the engineers,
13-23 inspectors, and personnel doing the inspections shall submit to the
13-24 board written reports that show whether or not the contractor is
13-25 complying with the contract.
13-26 (d) On completion of construction, renovation, or repair
13-27 work, the engineers, inspectors, and personnel shall submit to the
14-1 board a final detailed written report including information
14-2 necessary to show whether or not the contractor has fully complied
14-3 with the contract.
14-4 Sec. 411.039. PAYMENT FOR WORK. (a) A district shall pay
14-5 the contract price of construction, renovation, or repair contracts
14-6 in accordance with this section.
14-7 (b) The district shall make progress payments under
14-8 contracts monthly as the work proceeds or at more frequent
14-9 intervals as determined by the board.
14-10 (c) If requested by the board, the contractor shall furnish
14-11 an analysis of the total contract price showing the amount included
14-12 for each principal category of the work, in such detail as
14-13 requested, to provide a basis for determining progress payments.
14-14 (d) In making progress payments, 10 percent of the estimated
14-15 amount shall be retained until final completion and acceptance of
14-16 the contract work. However, if the board, at any time after 50
14-17 percent of the work has been completed, finds that satisfactory
14-18 progress is being made, it may authorize any of the remaining
14-19 progress payments to be made in full. Also, if the work is
14-20 substantially complete, the board, if it finds the amount retained
14-21 to be in excess of the amount adequate for the protection of the
14-22 district, may release to the contractor all or a portion of the
14-23 excess amount.
14-24 (e) On completion and acceptance of each separate project,
14-25 work, or other division of the contract, on which the price is
14-26 stated separately in the contract, payment may be made without
14-27 retention of a percentage.
15-1 (f) When work is completed according to the terms of the
15-2 contract, the board shall draw a warrant on the depository to pay
15-3 any balance due on the contract.
15-4 Sec. 411.040. CONTRACTS FOR PURCHASE OF VEHICLES, EQUIPMENT,
15-5 AND SUPPLIES OVER $10,000. (a) If the estimated amount of a
15-6 proposed contract for the purchase of vehicles, equipment, or
15-7 supplies is more than $10,000, the board shall ask for competitive
15-8 bids as provided by Section 411.036(b).
15-9 (b) This section does not apply to purchases of property
15-10 from public agencies or to contracts for personal or professional
15-11 services.
15-12 Sec. 411.041. SUITS; PAYMENT OF JUDGMENTS. (a) A district
15-13 may, through its board, sue and be sued in any court of this state
15-14 in the name of the district. Service of process in a suit may be
15-15 had by serving the general manager or other officers appointed by
15-16 the board.
15-17 (b) The courts of this state shall take judicial notice of
15-18 the creation of a district.
15-19 (c) A court of this state that renders a money judgment
15-20 against a district may require the board to pay the judgment from
15-21 money in the district depository that is not dedicated to the
15-22 payment of any indebtedness of the district.
15-23 Sec. 411.042. SEAL. The board shall adopt a seal for the
15-24 district and may alter the form of the seal from time to time.
15-25 (Sections 411.043-411.060 reserved for expansion
15-26 SUBCHAPTER D. DISTRICT POWERS AND DUTIES
15-27 Sec. 411.061. GENERAL POWERS AND DUTIES. (a) A district
16-1 shall administer and enforce this chapter and shall use its
16-2 facilities and powers to accomplish the purposes of this chapter.
16-3 (b) After notice and hearing, the board may adopt rules
16-4 necessary to carry out this chapter. The board shall adopt rules
16-5 providing procedures for giving notice and holding hearings.
16-6 (c) A district may prepare and adopt plans for and may
16-7 purchase, obtain permits for, construct, acquire, own, operate,
16-8 maintain, repair, improve, and extend inside the boundaries of the
16-9 district any works, improvements, landfills, recycling facilities,
16-10 waste-to-energy facilities, composting facilities, transfer
16-11 stations, storage sites, and other facilities, plants, pipelines,
16-12 equipment, and appliances necessary to transport, process, dispose
16-13 of, and control municipal solid waste and to protect groundwater
16-14 within the district in accordance with state law.
16-15 (d) A district shall acquire all permits required by state
16-16 law that are necessary to carry out this chapter.
16-17 (e) A district may conduct studies and research for the
16-18 disposal of municipal solid waste and the protection of water
16-19 within the district.
16-20 (f) The regulatory powers of a district under this chapter
16-21 extend to every person within the district.
16-22 (g) Except as expressly limited by this chapter, a district
16-23 has all powers, rights, and privileges necessary and convenient for
16-24 accomplishing the purposes of this chapter conferred by general law
16-25 on a conservation and reclamation district created under Article
16-26 XVI, Section 59, of the Texas Constitution.
16-27 (h) Subject only to the authority vested in other entities
17-1 by general law, including those vested in the commission by Chapter
17-2 26, Water Code, and by Chapter 361, Health and Safety Code, a
17-3 district may control water pollution within the district.
17-4 (i) The powers granted to a district by this chapter are
17-5 cumulative of all powers granted by other laws that are by their
17-6 terms applicable to the district.
17-7 (j) The powers and duties conferred on a district are
17-8 granted subject to the state policy to encourage the development
17-9 and use of regional and integrated solid waste management systems
17-10 to serve the needs of the citizens of the state.
17-11 (k) A district may not contract with a person outside the
17-12 boundaries of the district to provide to that person solid waste
17-13 management services or any other service authorized under this
17-14 chapter.
17-15 Sec. 411.062. SOLID WASTE RESOURCE RECOVERY FACILITIES. A
17-16 district may construct or acquire and operate municipal solid waste
17-17 resource recovery facilities inside the district.
17-18 Sec. 411.063. ON-SITE SEWAGE DISPOSAL SYSTEMS. (a) A
17-19 district may apply to the commission for designation as an
17-20 authorized agent to implement and enforce on-site sewage disposal
17-21 rules under Chapter 366.
17-22 (b) If a district finds that due to the nature of the soil
17-23 or drainage in the area it is necessary to prevent water pollution
17-24 that may injure the public health, the district by rule may:
17-25 (1) provide limits on the number and kind of septic
17-26 tanks in an area defined by the rule;
17-27 (2) prohibit the use of septic tanks in the area; or
18-1 (3) prohibit the installation of new septic tanks in
18-2 the area.
18-3 (c) The board shall consult the commission before the
18-4 adoption of a rule under Subsection (b).
18-5 (d) The board may not issue a rule under Subsection (b)
18-6 without first holding a public hearing in the area to be affected
18-7 by the rule.
18-8 Sec. 411.064. SOLID WASTE MANAGEMENT CONTRACTS. (a) Unless
18-9 otherwise provided by this chapter, a district may contract to
18-10 provide solid waste management services inside the district.
18-11 (b) A district shall set fees in a contract under Subsection
18-12 (a) after considering:
18-13 (1) the quality of the waste;
18-14 (2) the quantity of the waste;
18-15 (3) the difficulty encountered in treating or
18-16 disposing of the waste;
18-17 (4) operation and maintenance expenses and debt
18-18 retirement services; and
18-19 (5) any other reasonable considerations.
18-20 Sec. 411.065. REGULATION OF SOLID WASTE MANAGEMENT. A
18-21 district shall comply with all standards, laws, and rules relating
18-22 to the operation for all aspects of solid waste handling, including
18-23 storage, collection, recycling, incineration, sanitary landfill, or
18-24 composting.
18-25 Sec. 411.066. CONSULTATION, CONTRACTS, AND COOPERATION WITH
18-26 OTHER GOVERNMENTAL AGENCIES AND ENTITIES. To carry out any
18-27 purposes or powers under this chapter, a district may advise,
19-1 consult, contract, and cooperate with the federal government and
19-2 its agencies, the state and its agencies, local governments, and
19-3 private entities.
19-4 Sec. 411.067. ACQUISITION OF PROPERTY. A district may
19-5 acquire by gift, grant, devise, purchase, or lease any land,
19-6 easements, rights-of-way, and other property interests necessary
19-7 inside the district to carry out the powers and duties provided by
19-8 this chapter.
19-9 Sec. 411.068. ACQUISITION OF EXISTING FACILITIES. If a
19-10 district acquires existing works, improvements, facilities, plants,
19-11 pipelines, equipment, and appliances that are completed, partially
19-12 completed, or under construction, the district may assume the
19-13 contracts and obligations of the previous owner and perform the
19-14 obligations of the previous owner in the same manner and to the
19-15 same extent that any other purchaser or assignee would be bound.
19-16 Sec. 411.069. ENTRY ON LAND. (a) The directors, the
19-17 engineer, and the employees of a district may go on any land inside
19-18 or outside the boundaries of the district to make surveys and
19-19 examine the land with reference to the location of works,
19-20 improvements, and waste disposal, treatment, and other facilities,
19-21 plants, pipelines, equipment, and appliances and to attend to
19-22 business of the district.
19-23 (b) Before a director, engineer, or employee enters on the
19-24 land, the landowner must grant written permission or five days'
19-25 written notice must be given to the landowner.
19-26 (c) If any activities of a district on the land cause
19-27 damages to the land or property, the land or property shall be
20-1 restored as nearly as possible to its original state. The district
20-2 shall pay the cost of the restoration.
20-3 Sec. 411.070. RIGHT TO USE ROAD RIGHT-OF-WAY. (a) A
20-4 district has a right-of-way along and across all public state or
20-5 county roads or highways.
20-6 (b) A governmental entity that has jurisdiction of a
20-7 right-of-way may designate the place on the right-of-way on which
20-8 the facilities of the district may be installed and may require the
20-9 relocation of the district's facilities to accommodate any widening
20-10 or changing of traffic lanes.
20-11 (c) The district may not proceed with an action to change,
20-12 alter, or damage facilities or property of the state unless the
20-13 district first obtains the written consent of the governmental
20-14 entity that has control and jurisdiction of the facilities or
20-15 property.
20-16 (Sections 411.071-411.090 reserved for expansion
20-17 SUBCHAPTER E. DISTRICT FINANCES
20-18 Sec. 411.091. FISCAL YEAR. (a) A district operates on the
20-19 fiscal year established by the board.
20-20 (b) The fiscal year may not be changed more than once in a
20-21 24-month period.
20-22 Sec. 411.092. ANNUAL AUDIT. Annually, the board shall have
20-23 an audit made of the financial condition of the district.
20-24 Sec. 411.093. ANNUAL BUDGET. (a) The board shall prepare
20-25 and approve an annual budget for the district.
20-26 (b) The budget shall contain a complete financial statement,
20-27 including a statement of:
21-1 (1) the outstanding obligations of the district;
21-2 (2) the amount of cash on hand to the credit of each
21-3 fund of the district;
21-4 (3) the amount of money received by the district from
21-5 all sources during the previous year;
21-6 (4) the amount of money available to the district from
21-7 all sources during the ensuing year;
21-8 (5) the amount of the balances expected at the end of
21-9 the year in which the budget is being prepared;
21-10 (6) the estimated amount of revenues and balances
21-11 available to cover the proposed budget; and
21-12 (7) the estimated tax rate that will be required.
21-13 (c) After adoption, the annual budget may be amended on the
21-14 board's approval.
21-15 (d) Money may not be spent for an expense not included in
21-16 the annual budget or an amendment to it unless the board by order
21-17 declares the expense to be necessary.
21-18 (e) As soon as practicable after the close of the fiscal
21-19 year, the treasurer of the district shall prepare for the board a
21-20 sworn statement of the amount of money that belongs to the district
21-21 and an account of the disbursements of that money.
21-22 Sec. 411.094. DEPOSITORY. (a) The board shall name one or
21-23 more banks to serve as depository for district funds.
21-24 (b) District funds, other than those transmitted to a bank
21-25 for payment of bonds issued by the district, shall be deposited as
21-26 received with the depository bank and must remain on deposit. This
21-27 section does not limit the power of the board to invest the
22-1 district's funds as provided by Section 411.095.
22-2 (c) Before the district deposits funds in a bank in an
22-3 amount that exceeds the maximum amount secured by the Federal
22-4 Deposit Insurance Corporation, the bank must execute a bond or
22-5 provide other security in an amount sufficient to secure from loss
22-6 the district's funds that exceed the amount secured by the Federal
22-7 Deposit Insurance Corporation.
22-8 Sec. 411.095. INVESTMENTS. (a) Funds of a district may be
22-9 invested and reinvested by the board or its authorized
22-10 representative in those investments specified by Article 836 or
22-11 837, Revised Statutes, or the Public Funds Investment Act of 1987
22-12 (Article 842a-2, Vernon's Texas Civil Statutes).
22-13 (b) Funds of a district may be placed in certificates of
22-14 deposit of state or national banks or state or federal savings and
22-15 loan associations within the state provided that funds are secured
22-16 in the manner required for the security of the funds of counties of
22-17 the state.
22-18 (c) The board by resolution may provide that an authorized
22-19 representative of a district may invest and reinvest the funds of
22-20 the district and provide for money to be withdrawn from the
22-21 appropriate accounts of the district for investments on terms the
22-22 board considers advisable.
22-23 Sec. 411.096. PAYMENT OF EXPENSES. (a) A district's
22-24 directors may pay all costs and expenses necessarily incurred in
22-25 the creation, organization, and operation of the district, legal
22-26 fees, and other incidental expenses and may reimburse any person
22-27 for money advanced for those purposes.
23-1 (b) Payments may be made from money obtained from the sale
23-2 of bonds issued by the district or out of taxes, fees, or other
23-3 revenues of the district.
23-4 Sec. 411.097. FEES AND CHARGES. (a) The board may adopt
23-5 and enforce all necessary charges, fees, or rentals, in addition to
23-6 taxes, for providing any district facilities or services.
23-7 (b) The board may require a deposit for any services or
23-8 facilities furnished and may or may not provide that the deposit
23-9 will bear interest. The interest, if any, may accrue to the
23-10 deposit or be used to offset amounts due.
23-11 (c) The board may discontinue a facility or service to
23-12 prevent an abuse or enforce payment of an unpaid charge, fee, or
23-13 rental due the district, including taxes that have been due for not
23-14 less than six months.
23-15 Sec. 411.098. GIFTS, GRANTS, LOANS, AND OTHER FUNDS. To
23-16 carry out any purposes or powers under this chapter, a district may
23-17 apply for, accept, receive, and administer gifts, grants, loans,
23-18 and other funds available from any source.
23-19 Sec. 411.099. BORROWING MONEY. A district may borrow money
23-20 for any purpose authorized under this chapter or any combination of
23-21 those purposes.
23-22 (Sections 411.100-411.110 reserved for expansion
23-23 SUBCHAPTER F. BONDS
23-24 Sec. 411.111. AUTHORITY TO ISSUE BONDS. The board may issue
23-25 and sell bonds in the name of the district to acquire land and
23-26 construct works, improvements, and waste disposal, treatment, and
23-27 other facilities, plants, pipelines, equipment, and appliances as
24-1 provided by this chapter.
24-2 Sec. 411.112. BOND PAYMENT. The board may provide for the
24-3 payment of the principal of and interest on the bonds:
24-4 (1) from the levy and collection of property taxes on
24-5 all taxable property within the district;
24-6 (2) by pledging all or part of the designated revenues
24-7 from the ownership or operation of the district's works,
24-8 improvements, and facilities; or
24-9 (3) from a combination of the sources listed by
24-10 Subdivisions (1) and (2).
24-11 Sec. 411.113. BOND ELECTION. (a) Bonds may not be issued
24-12 by a district until authorized by a majority vote of individuals
24-13 qualified to vote and actually voting in the area within the
24-14 boundaries of the district at an election called and held for that
24-15 purpose.
24-16 (b) The board may order a bond election. The order calling
24-17 the election must state the nature and the date of the election,
24-18 the hours during which the polls will be open, the location of the
24-19 polling places, the amount of bonds to be authorized, and the
24-20 maximum maturity of the bonds.
24-21 (c) Notice of a bond election must be given as provided by
24-22 the Election Code.
24-23 (d) At an election to authorize bonds, the ballot must be
24-24 printed to provide for voting for or against the issuance of bonds
24-25 and the levy of property taxes for payment of the bonds.
24-26 (e) The board shall canvass the returns and declare the
24-27 results of the election. If a majority of the votes cast at the
25-1 election favor the issuance of the bonds, the bonds may be issued
25-2 by the board, but if a majority of the votes cast at the election
25-3 do not favor issuance of the bonds, the bonds may not be issued.
25-4 Sec. 411.114. TERMS; FORM. (a) A district may issue its
25-5 bonds in various series or issues.
25-6 (b) Bonds may mature serially or otherwise not more than 50
25-7 years after the date of issuance and shall bear interest at a rate
25-8 permitted by state law.
25-9 (c) A district's bonds and interest coupons, if any, are
25-10 investment securities under the terms of Chapter 8, Business &
25-11 Commerce Code, and may be issued registrable as to principal or as
25-12 to principal and interest or may be issued in book entry form and
25-13 may be made redeemable before maturity at the option of the
25-14 district or may contain a mandatory redemption provision.
25-15 (d) A district's bonds may be issued in the form,
25-16 denominations, and manner and under the terms, conditions, and
25-17 details and shall be signed and executed as provided by the board
25-18 in the resolution or order authorizing the bonds.
25-19 Sec. 411.115. BOND PROVISIONS. (a) In the orders or
25-20 resolutions authorizing the issuance of bonds, including refunding
25-21 bonds, the board may provide for the flow of funds, the
25-22 establishment and maintenance of the interest and sinking fund, the
25-23 reserve fund, and other funds and may make additional covenants
25-24 with respect to the bonds and the pledged fees.
25-25 (b) The orders or resolutions of the board authorizing the
25-26 issuance of bonds may prohibit the further issuance of bonds or
25-27 other obligations payable from the pledged fees or may reserve the
26-1 right to issue additional bonds to be secured by a pledge of and
26-2 payable from the fees on a parity with or subordinate to the pledge
26-3 in support of the bonds being issued.
26-4 (c) The orders or resolutions of the board issuing bonds may
26-5 contain other provisions and covenants as the board may determine.
26-6 (d) The board may adopt and have executed any other
26-7 proceedings or instruments necessary and convenient in the issuance
26-8 of bonds.
26-9 Sec. 411.116. APPROVAL AND REGISTRATION. (a) Bonds issued
26-10 by a district and the records relating to their issuance must be
26-11 submitted to the attorney general for examination as to their
26-12 validity.
26-13 (b) If the attorney general finds that the bonds have been
26-14 authorized in accordance with the law, the attorney general shall
26-15 approve them, and the comptroller of public accounts shall register
26-16 the bonds.
26-17 (c) Following approval and registration, the bonds are
26-18 incontestable and are binding obligations according to their terms.
26-19 Sec. 411.117. REFUNDING BONDS. (a) Refunding bonds of a
26-20 district may be issued to refund and pay off an outstanding
26-21 indebtedness the district has issued or assumed.
26-22 (b) The bonds must be issued in the manner provided by
26-23 Chapter 784, Acts of the 61st Legislature, Regular Session, 1969
26-24 (Article 717k-3, Vernon's Texas Civil Statutes).
26-25 (c) The refunding bonds may be sold and the proceeds applied
26-26 to the payment of outstanding indebtedness or may be exchanged in
26-27 whole or in part for not less than a similar principal amount of
27-1 outstanding indebtedness. If the refunding bonds are to be sold
27-2 and the proceeds applied to the payment of outstanding
27-3 indebtedness, the refunding bonds must be issued and payments made
27-4 in the manner provided by Chapter 503, Acts of the 54th
27-5 Legislature, Regular Session, 1955 (Article 717k, Vernon's Texas
27-6 Civil Statutes).
27-7 Sec. 411.118. LEGAL INVESTMENTS; SECURITY FOR DEPOSITS. (a)
27-8 District bonds are legal and authorized investments for:
27-9 (1) a bank;
27-10 (2) a savings bank;
27-11 (3) a trust company;
27-12 (4) a savings and loan association;
27-13 (5) an insurance company;
27-14 (6) a fiduciary;
27-15 (7) a trustee;
27-16 (8) a guardian; and
27-17 (9) the sinking fund of a municipality, county, school
27-18 district, or other political subdivision of the state and other
27-19 public funds of the state and its agencies, including the permanent
27-20 school fund.
27-21 (b) District bonds may secure deposits of public funds of
27-22 the state or a municipality, county, school district, or other
27-23 political subdivision of the state. The bonds are lawful and
27-24 sufficient security for deposits to the extent of their value, if
27-25 accompanied by all unmatured coupons.
27-26 Sec. 411.119. MANDAMUS BY BONDHOLDERS. In addition to all
27-27 other rights and remedies provided by law, if a district defaults
28-1 in the payment of principal, interest, or redemption price on its
28-2 bonds when due or if it fails to make payments into any fund or
28-3 funds created in the orders or resolutions authorizing the issuance
28-4 of the bonds or defaults in the observation or performance of any
28-5 other covenants, conditions, or obligations set forth in the orders
28-6 or resolutions authorizing the issuance of its bonds, the owners of
28-7 any of the bonds are entitled to a writ of mandamus issued by a
28-8 court of competent jurisdiction compelling and requiring the
28-9 district and its officials to observe and perform the covenants,
28-10 obligations, or conditions prescribed in the orders or resolutions
28-11 authorizing the issuance of the district's bonds.
28-12 Sec. 411.120. APPLICATION OF OTHER LAWS. Bonds of a
28-13 district are considered bonds under the Bond Procedures Act of 1981
28-14 (Article 717k-6, Vernon's Texas Civil Statutes).
28-15 (Sections 411.121-411.130 reserved for expansion
28-16 SUBCHAPTER G. TAXES
28-17 Sec. 411.131. TAX STATUS OF BONDS. Since a district created
28-18 under this chapter is a public entity performing an essential
28-19 public function, bonds issued by the district, any transaction
28-20 relating to the bonds, and profits made in the sale of the bonds
28-21 are free from taxation by the state or by a municipality, county,
28-22 special district, or other political subdivision of the state.
28-23 Sec. 411.132. LEVY OF TAXES. (a) The board may annually
28-24 levy taxes in the district in an amount necessary to pay the
28-25 principal of and interest on bonds issued by the district and the
28-26 expense of assessing and collecting taxes.
28-27 (b) The district may annually levy and collect a maintenance
29-1 and operating tax in an amount not to exceed 50 cents on each $100
29-2 of assessed valuation of property in the district to pay
29-3 maintenance and operating expenses of the district.
29-4 Sec. 411.133. BOARD AUTHORITY. (a) The board may levy
29-5 taxes for the entire year in which the district is created.
29-6 (b) The board shall levy taxes on all property within the
29-7 boundaries of the district subject to district taxation.
29-8 Sec. 411.134. TAX RATE. In setting the tax rate, the board
29-9 shall take into consideration the income of the district from
29-10 sources other than taxation. On determination of the amount of tax
29-11 required to be levied, the board shall make the levy and certify it
29-12 to the tax collector.
29-13 Sec. 411.135. TAX APPRAISAL, ASSESSMENT, AND COLLECTION.
29-14 (a) The Tax Code governs the appraisal, assessment, and collection
29-15 of district taxes.
29-16 (b) The board may provide for the appointment of a tax
29-17 collector for the district or may contract for the collection of
29-18 taxes as provided by the Tax Code.
29-19 CHAPTER 412. PROVISIONS APPLICABLE TO SPECIFIC SOLID WASTE
29-20 MANAGEMENT DISTRICTS
29-21 SUBCHAPTER A. VAN ZANDT COUNTY
29-22 Sec. 412.001. DEFINITION. In this subchapter, "district"
29-23 means the Van Zandt County Waste Management District.
29-24 Sec. 412.002. BOUNDARIES. The district consists of the area
29-25 within the boundaries of Van Zandt County.
29-26 Sec. 412.003. POWERS. The district has all of the rights,
29-27 powers, privileges, authority, functions, and duties provided by
30-1 the general law of this state, including Chapter 411, applicable to
30-2 a solid waste management district created under Article XVI,
30-3 Section 59, of the Texas Constitution. This subchapter prevails
30-4 over any provision of general law that is in conflict or
30-5 inconsistent with this subchapter.
30-6 Sec. 412.004. BOARD OF DIRECTORS. (a) The district is
30-7 governed by a board of directors composed of seven members, who are
30-8 elected as provided by this subchapter.
30-9 (b) The directors shall be elected from the district at
30-10 large.
30-11 Sec. 412.005. TERM OF OFFICE. A director holds office for a
30-12 term of three years and serves until the director's successor is
30-13 elected and has qualified.
30-14 Sec. 412.006. ELECTION OF DIRECTORS. On the first Saturday
30-15 in May in each year, an election shall be held in the district to
30-16 elect the appropriate number of directors to the board.
30-17 Sec. 412.007. BEGINNING OF DIRECTOR'S TERM. A director
30-18 shall take office at the first regular meeting of the board in May
30-19 following the director's election to the board.
30-20 Sec. 412.008. ORGANIZATION OF BOARD. (a) After each annual
30-21 directors' election, the board shall hold a regular meeting in May
30-22 at the district office and shall organize by electing from the
30-23 members of the board one person to serve as chairman, one person to
30-24 serve as vice-chairman, and one person to serve as secretary.
30-25 (b) A person selected to serve as chairman, vice-chairman,
30-26 or secretary serves in that capacity for a term of one year.
30-27 Sec. 412.009. DIRECTOR'S COMPENSATION. A director is not
31-1 entitled to receive a per diem allowance for more than 120 days in
31-2 any one calendar year.
31-3 Sec. 412.010. MAINTENANCE AND OPERATING TAX. On approval of
31-4 a majority of the voters in the district at an election called for
31-5 that purpose, the district may levy and collect a maintenance and
31-6 operating tax in an amount not to exceed five cents on each $100 of
31-7 assessed valuation of property in the district to pay maintenance
31-8 and operating expenses of the district. The maintenance and
31-9 operating tax election shall be held in the manner provided by
31-10 Chapter 411 for the confirmation and directors' election.
31-11 (Sections 412.011-412.030 reserved for expansion
31-12 SUBCHAPTER B. GAINES COUNTY
31-13 Sec. 412.031. DEFINITION. In this subchapter, "district"
31-14 means the Gaines County Waste Management District.
31-15 Sec. 412.032. BOUNDARIES. The district consists of the area
31-16 within the boundaries of Gaines County.
31-17 Sec. 412.033. POWERS. The district has all of the rights,
31-18 powers, privileges, authority, functions, and duties provided by
31-19 the general law of this state, including Chapter 411, applicable to
31-20 a solid waste management district created under Article XVI,
31-21 Section 59, of the Texas Constitution. This subchapter prevails
31-22 over any provision of general law that is in conflict or
31-23 inconsistent with this subchapter.
31-24 Sec. 412.034. APPOINTMENT OF INITIAL DIRECTORS. (a) On or
31-25 after the effective date of this subchapter, the Commissioners
31-26 Court of Gaines County shall appoint three persons, the governing
31-27 body of the city of Seminole shall appoint two persons, and the
32-1 governing body of the city of Seagraves shall appoint two persons
32-2 to serve as initial directors of the district. The four persons
32-3 appointed by the governing bodies of the cities of Seminole and
32-4 Seagraves shall represent the municipalities within the county, and
32-5 the three persons appointed by the Commissioners Court of Gaines
32-6 County shall represent the unincorporated areas of the county. In
32-7 addition, the board of regents of The University of Texas System
32-8 shall appoint one person to serve as an ex-officio nonvoting
32-9 director of the district.
32-10 (b) A vacancy on the initial board shall be filled in the
32-11 same manner as the original appointment for the unexpired term.
32-12 (c) The Commissioners Court of Gaines County and the
32-13 governing bodies of the cities of Seminole and Seagraves shall each
32-14 appoint one initial director to serve a term expiring on May 1 of
32-15 the first year after the year in which the original appointment is
32-16 made. In addition, the Commissioners Court of Gaines County shall
32-17 appoint two initial directors and the governing bodies of the
32-18 cities of Seminole and Seagraves shall each appoint one initial
32-19 director to serve terms expiring on May 1 of the second year after
32-20 the year in which the original appointment is made. The initial
32-21 ex-officio member serves a term expiring on May 1 of the second
32-22 year after the year in which the original appointment is made.
32-23 Successor directors serve two-year terms.
32-24 Sec. 412.035. BALLOT PROPOSITION. The ballot shall be
32-25 printed to permit voting for or against the proposition: "The
32-26 creation of the Gaines County Solid Waste Management District and
32-27 the levy of a maintenance and operating tax in an amount not to
33-1 exceed five cents on each $100 valuation." The ballot shall
33-2 include the names of the persons appointed as directors for the
33-3 district.
33-4 Sec. 412.036. EXPIRATION. If the creation of the district
33-5 is not confirmed on or before the fifth anniversary of the
33-6 effective date of this subchapter, this subchapter expires.
33-7 Sec. 412.037. BOARD OF DIRECTORS. (a) The district is
33-8 governed by a board of directors composed of seven voting members
33-9 and one ex-officio nonvoting member who are appointed as provided
33-10 by this subchapter. However, the district shall change to a system
33-11 of electing the voting directors if:
33-12 (1) the Commissioners Court of Gaines County and the
33-13 governing bodies of the cities of Seminole and Seagraves each pass
33-14 a resolution calling for the election of the directors; or
33-15 (2) the board receives a petition signed by at least
33-16 150 registered voters of Gaines County calling for the election of
33-17 the directors.
33-18 (b) If the resolution is passed or the petition presented to
33-19 the board as provided by Subsection (a), a directors' election
33-20 shall be held on the first Saturday in May that occurs after the
33-21 resolution is passed or the petition presented. The board by order
33-22 may postpone the election date for one year if:
33-23 (1) the election will occur within 60 days after the
33-24 date the resolution is passed or the petition is presented; or
33-25 (2) the board determines that there is not sufficient
33-26 time to comply with the requirements of law and to order the
33-27 election.
34-1 (c) The change to a system of electing the voting directors
34-2 does not apply to or affect the ex-officio nonvoting director
34-3 appointed by the board of regents of The University of Texas
34-4 System.
34-5 Sec. 412.038. METHOD OF ELECTION. (a) If directors are
34-6 elected, one director shall be elected from each commissioner
34-7 precinct and three directors shall be elected from the district at
34-8 large.
34-9 (b) At the initial election of directors, the candidate
34-10 receiving the highest number of votes from a commissioner precinct
34-11 is the director for that precinct, and the three candidates
34-12 receiving the highest number of votes from the district at large
34-13 are the directors for the district at large. If two or more
34-14 persons tie for the third-highest vote, the Commissioners Court of
34-15 Gaines County shall select the third member from those tying for
34-16 the place.
34-17 (c) The candidates elected from the odd-numbered precincts
34-18 and the two candidates elected from the district at large who
34-19 receive the highest number of votes at the initial election serve
34-20 for a term of two years. The candidates elected from the
34-21 even-numbered precincts and the candidate elected from the district
34-22 at large who receives the third-highest number of votes at that
34-23 election serve for a term of one year.
34-24 (d) After the initial election of directors, an election
34-25 shall be held on the first Saturday in May each year and the
34-26 appropriate number of successor directors shall be elected for
34-27 two-year terms.
35-1 Sec. 412.039. QUALIFICATIONS FOR OFFICE. (a) To be
35-2 eligible to be appointed as, to be a candidate for, or to serve as
35-3 a voting director, a person must be:
35-4 (1) a resident of the district; and
35-5 (2) a qualified voter.
35-6 (b) In addition to the qualifications required by Subsection
35-7 (a), a person who is elected from a commissioner precinct or who is
35-8 appointed to fill a vacancy for a commissioner precinct must be a
35-9 resident of that commissioner precinct.
35-10 (c) Each voting director must execute a bond in the amount
35-11 of $5,000 with a corporate surety authorized to do business in this
35-12 state and conditioned on the faithful performance of the director's
35-13 duties.
35-14 Sec. 412.040. BEGINNING OF DIRECTOR'S TERM. A director
35-15 shall take office at the first regular meeting of the board in May
35-16 following the director's appointment or election and qualification.
35-17 Sec. 412.041. VACANCY ON BOARD. (a) If the directors are
35-18 appointed, a vacancy on the board shall be filled in the same
35-19 manner as the original appointment for the unexpired term.
35-20 (b) If the directors are elected, the vacancy of an elected
35-21 director's position on the board shall be filled by appointment of
35-22 the remaining members of the board until the next election of
35-23 directors for the district. If that position is not scheduled to
35-24 be filled at that election, the person elected to fill the position
35-25 serves only for the remainder of the unexpired term.
35-26 Sec. 412.042. ORGANIZATION OF BOARD. (a) After each annual
35-27 appointment or election of directors, the board shall hold a
36-1 regular meeting in May at the district office and shall organize by
36-2 electing from the members of the board one person to serve as
36-3 chairman, one person to serve as vice-chairman, and one person to
36-4 serve as secretary.
36-5 (b) A person selected to serve as chairman, vice-chairman,
36-6 or secretary serves in that capacity for a term of one year.
36-7 Sec. 412.043. MEETING AND ACTIONS OF THE BOARD. (a) A
36-8 majority of the voting members of the board constitute a quorum for
36-9 the transaction of business of the district.
36-10 (b) Except as otherwise provided by this subchapter, the
36-11 vote of a majority of the voting directors is required for board
36-12 action.
36-13 Sec. 412.044. GENERAL MANAGER. The board may discharge the
36-14 general manager on a majority vote of all of the voting directors.
36-15 Sec. 412.045. ADDITIONAL POWERS AND DUTIES. (a) The
36-16 district shall prepare and adopt plans for and shall purchase,
36-17 obtain permits for, construct, acquire, own, operate, maintain,
36-18 repair, improve, and extend inside and outside the boundaries of
36-19 the district any works, improvements, landfills, recycling
36-20 facilities, waste-to-energy facilities, composting facilities,
36-21 transfer stations, storage sites, and other facilities, plants,
36-22 pipelines, equipment, and appliances necessary to transport,
36-23 process, dispose of, and control solid waste and to protect
36-24 groundwater within the district in accordance with state law.
36-25 (b) The district may conduct studies and research for the
36-26 disposal of solid waste and the protection of water within the
36-27 district.
37-1 Sec. 412.046. LIMITATION OF CERTAIN POWERS. The district
37-2 may not provide solid waste collection services without an
37-3 interlocal agreement approved by the county, the city of Seminole,
37-4 and the city of Seagraves. However, the district shall purchase
37-5 equipment, facilities, containers, and other necessary items for
37-6 collection services if the district adopts a recycling program.
37-7 Sec. 412.047. ACQUISITION OF PROPERTY. The district may
37-8 acquire by gift, grant, devise, purchase, or lease any land,
37-9 easements, rights-of-way, and other property interests necessary to
37-10 carry out the powers and duties provided by this subchapter.
37-11 Sec. 412.048. SOLID WASTE RESOURCE RECOVERY FACILITIES. The
37-12 district may construct or acquire and operate solid waste resource
37-13 recovery facilities.
37-14 Sec. 412.049. LEVY OF TAXES. (a) The board may annually
37-15 levy taxes in the district in an amount necessary to pay the
37-16 principal of and interest on bonds issued by the district and the
37-17 expense of assessing and collecting taxes.
37-18 (b) The district may annually levy and collect a maintenance
37-19 and operating tax in an amount not to exceed five cents on each
37-20 $100 of assessed valuation of property in the district to pay
37-21 maintenance and operating expenses of the district.
37-22 (c) The combined tax rate for all purposes may not exceed 10
37-23 cents on each $100 of assessed valuation of property in the
37-24 district.
37-25 Sec. 412.050. Expansion of District Territory. (a)
37-26 Registered voters of a defined territory that is not included in
37-27 the district may file a petition with the secretary of the board
38-1 requesting the inclusion of the territory in the district. The
38-2 petition must be signed by at least 50 registered voters of the
38-3 territory or a majority of those voters, whichever is less.
38-4 (b) The board by order shall set a time and place to hold a
38-5 hearing on the petition to include the territory in the district.
38-6 The board shall set a date for the hearing that is after the 30th
38-7 day after the date the board issues the order.
38-8 (c) If after the hearing the board finds that annexation of
38-9 the territory into the district would be feasible and would benefit
38-10 the district, the board may approve the annexation by a resolution
38-11 entered in its minutes. The board is not required to include all
38-12 of the territory described in the petition if the board finds that
38-13 a modification or change is necessary or desirable.
38-14 (d) Annexation of territory is final when approved by a
38-15 majority of the voters at an election held in the district and by a
38-16 majority of the voters at a separate election held in the territory
38-17 to be annexed. If the district has outstanding debts or taxes, the
38-18 voters in the election to approve the annexation must also
38-19 determine if the annexed territory will assume its proportion of
38-20 the debts or taxes if added to the district.
38-21 (e) The election ballots shall be printed to provide for
38-22 voting for or against the following, as applicable:
38-23 (1) "Adding (description of territory to be added) to
38-24 the Gaines County Solid Waste Management District."
38-25 (2) "(Description of territory to be added) assuming
38-26 its proportionate share of the outstanding debts and taxes of the
38-27 Gaines County Solid Waste Management District, if it is added to
39-1 the district."
39-2 (f) The election shall be held after the 45th day and on or
39-3 before the 60th day after the date the election is ordered. The
39-4 election shall be ordered and notice of the election shall be given
39-5 in accordance with the Election Code.
39-6 (Sections 412.051-412.100 reserved for expansion)
39-7 SUBCHAPTER C. UPPER SABINE VALLEY
39-8 Sec. 412.101. DEFINITION. In this subchapter, "district"
39-9 means the Upper Sabine Valley Solid Waste Management District.
39-10 Sec. 412.102. DESCRIPTION. Except as provided by Section
39-11 412.105, the district's territory consists of the area within the
39-12 boundaries of Upshur, Wood, and Rains counties and that portion of
39-13 Smith County that is north of Interstate Highway 20.
39-14 Sec. 412.103. POWERS. The district has all of the rights,
39-15 powers, privileges, authority, functions, and duties provided by
39-16 the general law of this state, including Chapter 411, applicable to
39-17 a solid waste management district created under Article XVI,
39-18 Section 59, of the Texas Constitution. This subchapter prevails
39-19 over any provision of general law that is in conflict or
39-20 inconsistent with this subchapter.
39-21 Sec. 412.104. APPOINTMENT OF TEMPORARY DIRECTORS. (a) On
39-22 or after the effective date of this subchapter, the commissioners
39-23 court of each county included in the proposed district shall each
39-24 appoint two persons to serve as temporary directors of the
39-25 district.
39-26 (b) Members of the temporary board serve until the persons
39-27 selected as directors under Sections 412.106-412.110 have been
40-1 appointed and have qualified for office.
40-2 (c) A vacancy on the temporary board shall be filled by
40-3 appointment in the same manner as the original appointment.
40-4 Sec. 412.105. CONFIRMATION AND TAX ELECTIONS. (a) The
40-5 temporary directors shall call and hold a separate election in each
40-6 county within the boundaries of the proposed district to determine
40-7 if the proposed district will be created and a tax authorized. The
40-8 elections shall be held on the same day and within six months of
40-9 the effective date of this subchapter.
40-10 (b) Section 41.001(a), Election Code, does not apply to a
40-11 confirmation and tax election held under this section.
40-12 (c) Notice of the confirmation and tax elections shall state
40-13 the day and places for holding the elections and the proposition to
40-14 be voted on. The temporary board shall publish the notice of the
40-15 elections one time in one or more newspapers of general circulation
40-16 in the proposed district. The notice must be published before the
40-17 35th day before the date set for the elections.
40-18 (d) The ballot for the elections shall be printed to permit
40-19 voting for or against the proposition: "The creation of the Upper
40-20 Sabine Valley Solid Waste Management District and the levy of a
40-21 maintenance and operating tax in an amount not to exceed three
40-22 cents on each $100 valuation."
40-23 (e) Immediately after the confirmation and tax elections,
40-24 the presiding judge of each polling place shall deliver returns of
40-25 the elections to the temporary board, and the temporary board shall
40-26 canvass the returns and declare the results.
40-27 (f) If a majority of the votes cast at the election in one
41-1 or more counties favor creation of the district, the board shall
41-2 declare the district created and shall enter the results in its
41-3 minutes. If the election results are favorable in one or more
41-4 counties, but not in all counties, the temporary directors shall
41-5 set the boundaries of the district to include only the counties in
41-6 which the vote was favorable. If a majority of the votes cast at
41-7 each election are against the creation of the district, the board
41-8 shall declare that the creation of the district was defeated and
41-9 shall enter the results in its minutes. The board shall file a
41-10 copy of the election results with the commission.
41-11 (g) If a majority of the voters in each county vote against
41-12 the creation of the district, the board may call and hold
41-13 additional confirmation and tax elections, but another election to
41-14 confirm creation of the district may not be called and held by the
41-15 board before the first anniversary of the most recent confirmation
41-16 and tax elections. If the creation of the district is not
41-17 confirmed on or before the fifth anniversary of the effective date
41-18 of this subchapter, this subchapter expires.
41-19 Sec. 412.106. BOARD OF DIRECTORS. (a) The district is
41-20 governed by a board of directors composed of not fewer than six
41-21 members who are appointed as provided by this subchapter.
41-22 (b) If the district is composed of only one county, the
41-23 commissioners court of that county shall appoint six persons to
41-24 serve as directors.
41-25 (c) If the district is composed of two counties, the
41-26 commissioners court of each county included in the district shall
41-27 each appoint three persons to serve as directors.
42-1 (d) If the district is composed of three or more counties,
42-2 the commissioners court of each county included in the district
42-3 shall each appoint two persons to serve as directors.
42-4 (e) At least one of the directors appointed by each
42-5 commissioners court shall represent the interests of municipalities
42-6 and of unincorporated communities with a population of 1,000 or
42-7 more that are located in that county.
42-8 Sec. 412.107. QUALIFICATIONS OF DIRECTORS. (a) To be
42-9 eligible to be appointed as or to serve as a director, a person
42-10 must be:
42-11 (1) 18 years of age or older;
42-12 (2) a qualified voter; and
42-13 (3) a resident of the county of the appointing
42-14 commissioners court.
42-15 (b) If a member of a commissioners court or a municipal
42-16 government officer is appointed as a director, the member's or
42-17 officer's service as a director is considered an additional duty of
42-18 the member's or officer's existing office. The member or officer
42-19 is not entitled to a per diem allowance under Section 412.112 but
42-20 is entitled to reimbursement for actual and necessary expenses
42-21 incurred in performing official duties as a director.
42-22 (c) Each director must execute a bond in the amount of
42-23 $5,000 with a corporate surety authorized to do business in this
42-24 state and conditioned on the faithful performance of the director's
42-25 duties. The district shall pay the premiums on the directors'
42-26 bonds under this section.
42-27 Sec. 412.108. TERM OF OFFICE. Except as provided by
43-1 Sections 412.110 and 412.131, a director holds office for a term of
43-2 four years and until the director's successor has been appointed
43-3 and has qualified.
43-4 Sec. 412.109. VACANCY ON BOARD. A vacancy on the board
43-5 shall be filled in the same manner as the original appointment for
43-6 the unexpired term.
43-7 Sec. 412.110. INITIAL MEETING AND ORGANIZATION. (a) As
43-8 soon as possible after all directors have been appointed and have
43-9 qualified, the county judge of the county included in the district
43-10 that has the largest population shall call a meeting of the board
43-11 and shall preside at the meeting until the directors have elected
43-12 from the board's membership a chairman, a vice-chairman, a
43-13 secretary, and a treasurer.
43-14 (b) A person selected as an officer serves for a term of one
43-15 year.
43-16 (c) At the initial meeting, the directors shall draw lots so
43-17 that one-half of the initial directors serve four-year terms that
43-18 begin on the date on which the initial meeting is held, and
43-19 one-half of the directors serve two-year terms that begin on that
43-20 date.
43-21 (d) The board shall adopt bylaws at the initial meeting or
43-22 as soon after the initial meeting as practicable. The bylaws must
43-23 prescribe the powers, duties, and procedures for removal from a
43-24 board office.
43-25 Sec. 412.111. MEETING AND ACTIONS OF BOARD. (a) The board
43-26 shall meet at least one time each month and may meet at any other
43-27 time provided by its bylaws.
44-1 (b) A majority of the members of the board constitute a
44-2 quorum for the transaction of business of the district.
44-3 (c) Except as otherwise provided by this subchapter, the
44-4 vote of a majority of directors is required for board action.
44-5 Sec. 412.112. DIRECTOR'S COMPENSATION. (a) A director is
44-6 entitled to receive $50 a day and reimbursement for actual and
44-7 necessary expenses incurred:
44-8 (1) for each day the director attends meetings of the
44-9 board; and
44-10 (2) for each day the director attends to the business
44-11 of the district that is authorized by board resolution or motion.
44-12 (b) A director is not entitled to receive a per diem
44-13 allowance for more than 60 days in any one calendar year.
44-14 Sec. 412.113. GENERAL MANAGER; PERSONNEL. The board shall
44-15 employ a general manager for a term and salary set by the board.
44-16 Sec. 412.114. RECORDS. (a) The district shall keep
44-17 complete and accurate accounts of its business transactions in
44-18 accordance with generally accepted methods of accounting.
44-19 (b) The district shall keep complete and accurate minutes of
44-20 its meetings.
44-21 (c) The district shall keep its accounts, contracts,
44-22 documents, minutes, and other records at its principal office.
44-23 (d) Neither the board nor its employees may disclose a
44-24 district record that relates to trade secrets or the economics of
44-25 an industry's operations.
44-26 Sec. 412.115. CONTRACTS. The board may enter into contracts
44-27 as provided by this subchapter, and those contracts shall be
45-1 executed by the board in the name of the district.
45-2 Sec. 412.116. SUPERVISION OF DISTRICT. The district is
45-3 subject to the continuing right of supervision by the state in
45-4 accordance with state law.
45-5 Sec. 412.117. SUITS; PAYMENTS OF JUDGMENTS. The district
45-6 may, through its board, sue and be sued in any court of this state
45-7 in the name of the district. Service of process in a suit may be
45-8 had by serving the general manager.
45-9 Sec. 412.118. ADDITIONAL POWERS AND DUTIES. (a) The
45-10 district may prepare and adopt plans for and may purchase,
45-11 construct, acquire, own, operate, maintain, repair, improve, and
45-12 extend inside and outside the boundaries of the district any works,
45-13 improvements, waste disposal, treatment, and other facilities,
45-14 plants, pipelines, equipment, and appliances necessary to collect,
45-15 transport, process, dispose of, and control domestic, industrial,
45-16 and communal waterborne and solid waste within the district.
45-17 (b) The district shall conduct studies and research for the
45-18 control of water pollution and waste disposal within the district,
45-19 shall cooperate with the department and commission in any studies,
45-20 and shall use the results of those studies.
45-21 (c) Except as expressly limited by this subchapter, the
45-22 district has all powers, rights, and privileges necessary and
45-23 convenient for accomplishing the purposes of this subchapter
45-24 conferred by general law on a conservation and reclamation district
45-25 created under Article XVI, Section 59, of the Texas Constitution,
45-26 including specifically all powers, rights, and privileges conferred
45-27 by Subtitle B, Title 5, Health and Safety Code, on a local or
46-1 regional government.
46-2 (d) Subject only to the authority vested in other entities
46-3 by general law, including those vested in the commission by Chapter
46-4 26, Water Code, and those vested in the department by Chapter 361,
46-5 the district may control water pollution and waste disposal within
46-6 the district.
46-7 (e) The district may enter into cooperative agreements with
46-8 local governments and other political subdivisions to jointly
46-9 operate solid waste management activities and to charge reasonable
46-10 fees for those services.
46-11 Sec. 412.119. ACQUISITION OF PROPERTY. The district may
46-12 acquire by gift, grant, devise, purchase, lease, or eminent domain
46-13 any land, easements, rights-of-way, and other property interests
46-14 necessary to carry out the powers and duties provided by this
46-15 subchapter.
46-16 Sec. 412.120. EMINENT DOMAIN. (a) The district may acquire
46-17 land for the purposes authorized by Section 412.118(a) by
46-18 condemnation if the board determines, after notice and hearing,
46-19 that it is necessary.
46-20 (b) The district must exercise the power of eminent domain
46-21 in the manner provided by Chapter 21, Property Code, but the
46-22 district is not required to:
46-23 (1) deposit in the trial court money or a bond as
46-24 provided by Section 21.021(a), Property Code;
46-25 (2) pay in advance or give bond or other security for
46-26 costs in the trial court;
46-27 (3) give bond for the issuance of a temporary
47-1 restraining order or a temporary injunction; or
47-2 (4) give bond for costs or supersedeas on an appeal or
47-3 writ of error.
47-4 (c) If the district, in the exercise of the power of eminent
47-5 domain, requires relocating, raising, lowering, rerouting, changing
47-6 the grade, or altering the construction of any railroad, highway,
47-7 pipeline, or electric transmission and electric distribution,
47-8 telegraph, or telephone lines, conduits, poles or facilities, the
47-9 district must bear the actual cost of relocating, raising,
47-10 lowering, rerouting, changing the grade, or altering the
47-11 construction to provide comparable replacement without enhancement
47-12 of facilities, after deducting the net salvage value derived from
47-13 the old facility.
47-14 Sec. 412.121. AUTHORITY TO ENTER INTO CONSTRUCTION,
47-15 RENOVATION, AND REPAIR CONTRACTS. The district may contract with
47-16 any person to construct, renovate, or repair any of its works,
47-17 improvements, waste disposal, treatment, or other facilities,
47-18 plants, pipelines, equipment, and appliances and, from time to
47-19 time, make improvements to them.
47-20 Sec. 412.122. ENTRY ON LAND. Before a director, engineer,
47-21 or employee enters on the land, five days' written notice must be
47-22 given to the landowner.
47-23 Sec. 412.123. ACQUISITION OF EXISTING FACILITIES. If the
47-24 district acquires existing works, improvements, and waste
47-25 disposal, treatment, and other facilities, plants, pipelines,
47-26 equipment, and appliances that are completed, partially completed,
47-27 or under construction, the district may assume the contracts and
48-1 obligations of the previous owner and perform the obligations of
48-2 the previous owner in the same manner and to the same extent that
48-3 any other purchaser or assignee would be bound.
48-4 Sec. 412.124. SOLID WASTE RESOURCE RECOVERY OR RECYCLING
48-5 FACILITIES. The district may construct or acquire and operate
48-6 solid waste resource recovery or recycling facilities.
48-7 Sec. 412.125. REGULATION OF SOLID WASTE DISPOSAL. (a) The
48-8 district shall establish minimum standards of operation for all
48-9 aspects of solid waste handling, including storage, collection,
48-10 incineration, recycling, sanitary landfill, and composting.
48-11 (b) Before establishing the standards, the district shall:
48-12 (1) hold public hearings after giving public notice in
48-13 the time and manner prescribed by board rule;
48-14 (2) consult with the commission, the Texas Air Control
48-15 Board, and the department to ensure that the standards are not
48-16 inconsistent with established criteria; and
48-17 (3) find that the standards are reasonably necessary
48-18 to protect the public health or welfare from water pollution or
48-19 other environment harm.
48-20 (c) To amend standards, the district shall follow the same
48-21 procedures required for establishing standards.
48-22 (d) The district may make rules reasonably necessary to
48-23 implement solid waste disposal standards.
48-24 (e) The district may assume the exclusive authority to
48-25 exercise the powers granted to a county under Section 361.165,
48-26 including the power to issue licenses and exercise municipal solid
48-27 waste management authority. If the district elects to exercise the
49-1 licensing authority granted under this subsection, it must adopt
49-2 and enforce rules for the management of municipal solid waste. The
49-3 rules must be compatible with and at least as stringent as those of
49-4 the department and must be approved by the department.
49-5 Sec. 412.126. SEPTIC TANKS. The board may provide in the
49-6 order for a gradual and systematic reduction of the number or kind
49-7 of septic tanks in the area and, by rule, may provide for a system
49-8 of licensing and issuing permits for the installation of new septic
49-9 tanks in the area affected, in which event a person may not install
49-10 septic tanks in the area without a license or permit from the
49-11 board.
49-12 Sec. 412.127. ACQUISITION, CONSTRUCTION, AND OPERATION OF
49-13 DISPOSAL SYSTEMS. The district may:
49-14 (1) acquire and provide by purchase, gift, or lease
49-15 any disposal systems inside or outside the district;
49-16 (2) construct and provide disposal systems inside or
49-17 outside the district;
49-18 (3) operate and sell any disposal systems that it
49-19 constructs or acquires;
49-20 (4) contract with a person to operate and maintain a
49-21 disposal system belonging to the person; and
49-22 (5) contract with a person to train or supervise
49-23 employees of a disposal system.
49-24 Sec. 412.128. WASTE DISPOSAL CONTRACTS. (a) The district
49-25 may contract to receive and to treat or dispose of waste from a
49-26 person in the district.
49-27 (b) The district shall set fees in a contract under
50-1 Subsection (a) after considering:
50-2 (1) the quality of the waste;
50-3 (2) the quantity of the waste;
50-4 (3) the difficulty encountered in treating or
50-5 disposing of the waste;
50-6 (4) operation and maintenance expenses and debt
50-7 retirement services; and
50-8 (5) any other reasonable considerations.
50-9 Sec. 412.129. AREA-WIDE WASTE TREATMENT. The powers and
50-10 duties conferred on the district are granted subject to the state
50-11 policy to encourage the development and use of integrated area-wide
50-12 waste collection, treatment, and disposal systems to serve the
50-13 waste disposal needs of the citizens of the state, it being an
50-14 objective of the policy to avoid the economic burden to the people
50-15 and the impact on the quality of the water in the state that result
50-16 from the construction and operation of numerous small waste
50-17 collection, treatment, and disposal facilities to serve an area
50-18 when an integrated area-wide waste collection, treatment, and
50-19 disposal system for the area can be reasonably provided.
50-20 Sec. 412.130. LEVY OF TAXES. The district may levy and
50-21 collect a maintenance and operating tax in an amount not to exceed
50-22 three cents on each $100 of assessed valuation of property in the
50-23 district to pay maintenance and operating expenses of the district.
50-24 Sec. 412.131. ANNEXATION OF TERRITORY. (a) The board may
50-25 annex the territory within the boundaries of an adjacent county in
50-26 the manner provided by this section.
50-27 (b) To initiate annexation proceedings, the commissioners
51-1 court of the adjacent county must petition the board requesting the
51-2 board to call an annexation election for the territory within the
51-3 petitioner's county. The petition must be in writing and be
51-4 endorsed by a majority of the members of the commissioners court.
51-5 (c) On receipt of the petition, the board shall set a time
51-6 and place to hold a hearing on the petition. The board shall set a
51-7 date for the hearing that is not later than the 20th day after the
51-8 date on which the board receives the petition.
51-9 (d) The board shall publish notice of the place, time, date,
51-10 and purpose of the hearing in one or more newspapers with general
51-11 circulation in the district and in the county to be annexed. This
51-12 notice is in addition to the notice required under the open
51-13 meetings law, Chapter 271, Acts of the 60th Legislature, Regular
51-14 Session, 1967 (Article 6252-17, Vernon's Texas Civil Statutes).
51-15 (e) Any person may testify at the hearing for or against
51-16 annexation of the county to the district.
51-17 (f) At the conclusion of the hearing, the board shall
51-18 determine if an election should be held in the county to be annexed
51-19 to determine if the county should be annexed to the district.
51-20 (g) Annexation of a county is final when approved by a
51-21 majority of the voters at an election held in the county to be
51-22 annexed. If the district has outstanding debts or taxes, the
51-23 voters in the election to approve the annexation must also
51-24 determine if the annexed county will assume its proportion of the
51-25 debts or taxes if added to the district. An election in the
51-26 existing district accepting the addition of the county is not
51-27 required.
52-1 (h) The election ballots shall be printed to provide for
52-2 voting for or against the following, as applicable:
52-3 (1) "Adding (description of county to be added) to the
52-4 Upper Sabine Valley Solid Waste Management District."
52-5 (2) "(Description of county to be added) assuming its
52-6 proportionate share of the outstanding debts and taxes of the Upper
52-7 Sabine Valley Solid Waste Management District, if it is added to
52-8 the district."
52-9 (i) The election shall be held after the 45th day and on or
52-10 before the 60th day after the date the election is ordered. The
52-11 election shall be ordered and notice of the election shall be given
52-12 in accordance with the Election Code. Section 41.001(a), Election
52-13 Code, does not apply to an election held under this section.
52-14 (j) The board shall file a copy of the election results with
52-15 the commission.
52-16 (k) The commissioners court of the annexed county shall
52-17 appoint two directors to serve on the district's board of
52-18 directors. The newly appointed directors shall draw lots to
52-19 determine their initial terms of office. One new director shall
52-20 serve an initial term that coincides with the terms of district
52-21 directors that expire within two years and the other director shall
52-22 serve a term that expires within two to four years.
52-23 Sec. 412.132. EXCLUSION FROM DISTRICT. (a) At any time
52-24 before the district incurs bonded or other long term indebtedness,
52-25 the commissioners court of a county within the district may
52-26 petition the board to hold an election within the county to
52-27 determine if a majority of voters of that county want to exclude
53-1 the county from the district. On receipt of the petition, the
53-2 board shall enter an order authorizing the commissioners court to
53-3 call the election.
53-4 (b) After the issuance of bonds or other long term
53-5 indebtedness, a county commissioners court may petition the board
53-6 to hold an election to determine if the county should be excluded
53-7 from the district. Before authorizing the commissioners court to
53-8 call an election for this purpose, the board must obtain adequate
53-9 legal and financial assurances that the county will assume and pay
53-10 to the district its proportionate share, based on assessed
53-11 valuation of taxable property in the county and district, of the
53-12 district's outstanding debt if the county withdraws from the
53-13 district. After obtaining assurances the board determines to be
53-14 adequate, the board shall enter an order authorizing the
53-15 commissioners court of that county to call an election in that
53-16 county to determine if the county should be excluded from the
53-17 district.
53-18 Sec. 412.133. ELECTION. (a) Exclusion of a county is final
53-19 when approved by a majority of the voters at an election held in
53-20 the county to be excluded. If the district has outstanding bonds
53-21 or other long term obligations, the voters in the election to
53-22 approve the exclusion must also determine if the excluded county
53-23 will assume a duty to pay its proportion of the district's
53-24 outstanding indebtedness.
53-25 (b) The ballots for the election shall be printed to provide
53-26 for voting for or against the proposition, as applicable: "The
53-27 exclusion of __________ County from the Upper Sabine Valley Solid
54-1 Waste Management District and assumption by the county of a duty to
54-2 pay its proportionate share of the outstanding indebtedness of the
54-3 district."
54-4 (c) The election shall be held after the 45th day and on or
54-5 before the 60th day after the date the election is ordered. The
54-6 election shall be ordered and notice of the election shall be given
54-7 in accordance with the Election Code. Section 41.001(a), Election
54-8 Code, does not apply to an election held under this section.
54-9 (d) The board shall file a copy of the election results with
54-10 the commission.
54-11 Sec. 412.134. CONTINUED OBLIGATION FOR INDEBTEDNESS. The
54-12 exclusion of a county under Section 412.132(b) does not relieve the
54-13 district of its obligation to perform and observe the covenants and
54-14 obligations or the conditions prescribed by the orders or
54-15 resolution authorizing the issuance of the district's bonds.
54-16 SECTION 2. The following are repealed:
54-17 (1) Chapter 1256, Acts of the 71st Legislature,
54-18 Regular Session, 1989;
54-19 (2) Chapter 670, Acts of the 72nd Legislature, Regular
54-20 Session, 1991 (Article 4477-7j, Vernon's Texas Civil Statutes); and
54-21 (3) Chapter 734, Acts of the 72nd Legislature, Regular
54-22 Session, 1991 (Article 4477-7k, Vernon's Texas Civil Statutes).
54-23 SECTION 3. The repeal of a law by this Act does not affect
54-24 an amendment of that law by the 73rd Legislature, Regular Session,
54-25 1993. That amendment is preserved and given effect as part of this
54-26 Act.
54-27 SECTION 4. This Act takes effect September 1, 1993.
55-1 SECTION 5. The importance of this legislation and the
55-2 crowded condition of the calendars in both houses create an
55-3 emergency and an imperative public necessity that the
55-4 constitutional rule requiring bills to be read on three several
55-5 days in each house be suspended, and this rule is hereby suspended.