By Yost H.B. No. 8
74R2465 JJT-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. Subtitle E, Title 5, Health and Safety Code, is
1-8 amended to read as follows:
1-9 SUBTITLE E. SOLID WASTE MANAGEMENT DISTRICTS <WATER USE REGULATION>
1-10 CHAPTER 411. PROVISIONS GENERALLY APPLICABLE
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 Sections 52(b)(1) and (2), Article III, or
1-23 Section 59, Article XVI, Texas Constitution.
1-24 (6) "Municipal solid waste" has the meaning assigned
2-1 by Section 361.003.
2-2 (7) "Resource recovery facility" means a facility that
2-3 stores, handles, sorts, bails, recycles, processes, and recovers
2-4 solid waste.
2-5 (8) "Sewage" has the meaning assigned by Section
2-6 366.002.
2-7 (9) "Solid waste" has the meaning assigned by Section
2-8 361.003.
2-9 (10) "Solid waste management system" means a system
2-10 for controlling all aspects of the collection, handling,
2-11 transportation, processing, recovery, and disposal of solid waste.
2-12 (11) "Water" means groundwater, percolating or
2-13 otherwise, lakes, bays, ponds, springs, rivers, streams, creeks,
2-14 and all other bodies of surface water, natural or artificial, that
2-15 are wholly or partially within a district.
2-16 (12) "Water pollution" means the alteration of the
2-17 physical, chemical, or biological quality of or the contamination
2-18 of water that renders the water harmful, detrimental, or injurious
2-19 to humans, animal life, vegetation, or property, or to public
2-20 health, safety, or welfare, or that impairs the usefulness or the
2-21 public enjoyment of the water for any lawful or reasonable purpose.
2-22 Sec. 411.002. APPLICATION OF OTHER LAWS. A district
2-23 governed by this chapter is subject to:
2-24 (1) regulation under Chapter 361; and
2-25 (2) the applicable provisions of the:
2-26 (A) Election Code;
2-27 (B) Local Government Code;
3-1 (C) Property Code;
3-2 (D) Water Code;
3-3 (E) open meetings law, Chapter 551, Government
3-4 Code; and
3-5 (F) open records law, Chapter 552, Government
3-6 Code.
3-7 Sec. 411.003. SUPERVISION OF DISTRICT. A district is
3-8 subject to the continuing right of supervision by the commission in
3-9 accordance with state law.
3-10 (Sections 411.004-411.010 reserved for expansion
3-11 SUBCHAPTER B. CREATION OF DISTRICT
3-12 Sec. 411.011. DISTRICT CREATED BY LEGISLATIVE ACT. (a) The
3-13 legislature by special law may create a solid waste management
3-14 district under Section 59, Article XVI, Texas Constitution. The
3-15 district is a governmental entity and a body politic and corporate.
3-16 (b) The legislature shall provide for the appointment of
3-17 seven temporary directors for a district created by special law.
3-18 Sec. 411.012. CREATION AND DIRECTORS' ELECTION. (a) Not
3-19 later than 30 days after all temporary directors have been
3-20 appointed and have qualified, the temporary directors shall meet
3-21 and shall call an election to be held within the boundaries of the
3-22 proposed district to approve the creation of the district and to
3-23 elect permanent directors. A person who desires to be a candidate
3-24 for the office of permanent director may file an application with
3-25 the temporary board to have the candidate's name printed on the
3-26 ballot as provided by Section 411.023.
3-27 (b) In the order calling the election, the temporary
4-1 directors shall designate election precincts and polling places for
4-2 the election. In designating the polling places, the temporary
4-3 directors shall consider the needs of all voters for conveniently
4-4 located polling places.
4-5 (c) The temporary directors shall publish notice of the
4-6 election at least one time in one or more newspapers of general
4-7 circulation within the boundaries of the proposed district.
4-8 (d) The ballot for the election must be printed to permit
4-9 voting for or against the proposition: "The creation of the
4-10 _______ Solid Waste Management District." If the district levies a
4-11 maintenance tax for payment of its expenses, the proposition shall
4-12 include the following language: "and the levy of a maintenance tax
4-13 at a rate not to exceed _______ (insert amount not to exceed 50
4-14 cents) cents for each $100 of assessed valuation." In addition,
4-15 the temporary directors shall have the names of the seven persons
4-16 serving as temporary directors placed on the ballot together with
4-17 the name of any candidate filing for the office of director as
4-18 provided by Subsection (a) and blank spaces to write in the names
4-19 of other persons.
4-20 (e) Immediately after the election, the presiding judge of
4-21 each polling place shall deliver the returns of the election to the
4-22 temporary board, and the board shall canvass the returns and
4-23 declare the result.
4-24 (f) If a majority of the votes cast at the election favor
4-25 the creation of the district, the temporary board shall declare the
4-26 district created, enter the results in its minutes, and declare the
4-27 seven persons who receive the most votes to be elected as permanent
5-1 directors. If a majority of the votes cast at the election are
5-2 against the creation of the district, the temporary board shall
5-3 declare the district defeated and shall enter the results in its
5-4 minutes. The temporary board shall file a copy of the election
5-5 results with the commission.
5-6 (g) If the proposition to create a district is defeated, an
5-7 election to create a district in the area may not be called before
5-8 the first anniversary of the date on which the election on the
5-9 proposition was held.
5-10 Sec. 411.013. BOND AND TAX PROPOSITION. (a) At an election
5-11 to create a district, the temporary directors may include a
5-12 proposition for the issuance of bonds, the levy of taxes to retire
5-13 all or part of the bonds, and the levy of a maintenance tax at a
5-14 rate not to exceed 50 cents on each $100 of assessed valuation.
5-15 (b) The board shall include in any bond and tax proposition
5-16 the maximum amount of bonds to be issued and their maximum maturity
5-17 date.
5-18 (Sections 411.014-411.020 reserved for expansion
5-19 SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
5-20 Sec. 411.021. ELECTION OF DIRECTORS. (a) On the first
5-21 Saturday in May of the second year after the year in which a
5-22 district is authorized to be created at a confirmation election, an
5-23 election shall be held in the district for the election of three
5-24 directors who shall each serve two-year terms and four directors
5-25 who shall each serve four-year terms. Thereafter, on the first
5-26 Saturday in May in each subsequent second year, the appropriate
5-27 number of directors shall be elected to the board.
6-1 (b) If the district's boundaries are coextensive with the
6-2 boundaries of one county, one director shall be elected from each
6-3 commissioner precinct and three directors shall be elected from the
6-4 district at large.
6-5 (c) If the district's boundaries are not coextensive with
6-6 the boundaries of one county, the directors shall be elected from
6-7 the district at large.
6-8 (d) At the initial election of directors under Subsection
6-9 (b), the candidate receiving the highest number of votes from a
6-10 commissioner precinct is the director for that precinct, and the
6-11 three candidates receiving the highest number of votes from the
6-12 district at large are the directors for the district at large. If
6-13 two or more persons tie for the third-highest vote, the initial
6-14 board shall select the third member from those tying for the place.
6-15 The candidates elected from the odd-numbered precincts and the two
6-16 candidates elected from the district at large who receive the
6-17 highest number of votes at the election serve for a term of four
6-18 years. The candidates elected from the even-numbered precincts and
6-19 the candidate elected from the district at large who receives the
6-20 third-highest number of votes at that election serve for a term of
6-21 two years.
6-22 (e) At the initial election of directors under Subsection
6-23 (c), the seven candidates receiving the highest number of votes at
6-24 that election are directors for the district. The four directors
6-25 receiving the highest number of votes at the initial election serve
6-26 for a term of four years. The remaining directors serve for a term
6-27 of two years.
7-1 Sec. 411.022. QUALIFICATIONS FOR OFFICE. (a) To be
7-2 eligible to be a candidate for or to serve as director, a person
7-3 must be:
7-4 (1) a resident of the district; and
7-5 (2) a qualified voter.
7-6 (b) In addition to the qualifications required by Subsection
7-7 (a), a person who is elected from a commissioner precinct or who is
7-8 appointed to fill a vacancy for a commissioner precinct must be a
7-9 resident of that commissioner precinct.
7-10 (c) Each director must execute a bond in the amount of
7-11 $5,000 with a corporate surety authorized to do business in this
7-12 state and conditioned on the faithful performance of the director's
7-13 duties.
7-14 Sec. 411.023. APPLICATION FOR ELECTION. (a) A person who
7-15 wishes to have the person's name printed on the ballot at a
7-16 directors' election as a candidate for director shall file an
7-17 application with the secretary of the district.
7-18 (b) If applicable, the application must specify the
7-19 commissioner precinct the candidate wishes to represent or specify
7-20 that the candidate wishes to represent the district at large.
7-21 Sec. 411.024. VACANCY ON BOARD. A vacancy on a board shall
7-22 be filled by appointment of the remaining members of the board
7-23 until the next election of directors for the district. If that
7-24 position is not scheduled to be filled at that election, the person
7-25 elected to fill the position serves only for the remainder of the
7-26 unexpired term.
7-27 Sec. 411.025. OATH. Each director shall file the statement
8-1 and take the constitutional oath of office required of state
8-2 officers.
8-3 Sec. 411.026. ORGANIZATION OF BOARD. (a) After each
8-4 biennial election of directors, the board shall hold a regular
8-5 meeting in May at the district office and shall organize by
8-6 electing from the members of the board one person to serve as
8-7 chairman, one person to serve as vice-chairman, and one person to
8-8 serve as secretary.
8-9 (b) The chairman shall preside over meetings of the board,
8-10 and in the chairman's absence the vice-chairman shall preside.
8-11 (c) The chairman, vice-chairman, and secretary shall perform
8-12 the duties and may exercise the powers specifically given them by
8-13 this chapter or by orders of the board.
8-14 (d) The board may appoint a treasurer and an attorney for
8-15 the district. The persons appointed under this subsection are
8-16 entitled to the compensation provided by the district's budget.
8-17 (e) The person appointed as treasurer shall execute a bond
8-18 in the amount determined by the board, payable to the district,
8-19 conditioned on the faithful performance of the treasurer's duties.
8-20 The district shall pay for the bond.
8-21 Sec. 411.027. INTEREST IN CONTRACT. A director who is
8-22 financially interested in a contract to be executed by the district
8-23 for the purchase of property or the construction of facilities
8-24 shall disclose that fact to the other directors and may not vote on
8-25 the acceptance of the contract.
8-26 Sec. 411.028. DIRECTOR'S COMPENSATION. (a) A director is
8-27 entitled to receive $25 a day and reimbursement for actual and
9-1 necessary expenses incurred:
9-2 (1) for each day the director attends meetings of the
9-3 board; and
9-4 (2) for each day the director attends to the business
9-5 of the district that is authorized by board resolution or motion.
9-6 (b) A director is not entitled to receive a per diem
9-7 allowance for more than 30 days in any one calendar year.
9-8 Sec. 411.029. GENERAL MANAGER; PERSONNEL. (a) The board
9-9 may employ a general manager for a term and salary set by the
9-10 board.
9-11 (b) The general manager is the chief executive officer of
9-12 the district. Under policies established by the board, the general
9-13 manager is responsible to the board for:
9-14 (1) administering the directives of the board;
9-15 (2) keeping the district's records, including minutes
9-16 of the board's meetings;
9-17 (3) coordinating with state, federal, and local
9-18 agencies;
9-19 (4) developing plans and programs for the board's
9-20 approval;
9-21 (5) hiring, supervising, training, and discharging
9-22 district employees;
9-23 (6) contracting for or retaining technical,
9-24 scientific, legal, fiscal, and other professional services; and
9-25 (7) performing any other duty assigned to the general
9-26 manager by the board.
9-27 (c) The board may discharge the general manager on a
10-1 majority vote of all of the directors.
10-2 (d) The general manager and each employee of the district
10-3 charged with the collection, custody, or payment of any money of
10-4 the district shall execute a fidelity bond. The board shall
10-5 approve the form, amount, and surety of the bond. The district
10-6 shall pay the premiums on the employees' bonds under this section.
10-7 Sec. 411.030. PRINCIPAL OFFICE. A district shall maintain
10-8 its principal office inside the district's boundaries.
10-9 Sec. 411.031. MEETINGS. (a) The board shall hold regular
10-10 quarterly meetings. It may hold meetings at other times as
10-11 required for the business of the district.
10-12 (b) Any person may attend a meeting of the board and may
10-13 present in an orderly manner matters for the board's consideration.
10-14 (c) Meetings shall be conducted and notice of meetings shall
10-15 be posted in accordance with the open meetings law, Chapter 551,
10-16 Government Code.
10-17 Sec. 411.032. MINUTES AND RECORDS OF DISTRICT. (a) The
10-18 board shall keep a complete account of all its meetings and
10-19 proceedings and shall preserve its minutes, contracts, records,
10-20 notices, accounts, receipts, and other records in a safe place.
10-21 All minutes, contracts, records, notices, accounts, receipts, and
10-22 other records are the property of the district and subject to
10-23 public inspection.
10-24 (b) Neither the board nor its employees may disclose a
10-25 district record that relates to trade secrets or the economics of
10-26 an industry's operations.
10-27 Sec. 411.033. ELECTION. (a) Except as provided by Section
11-1 411.012, an election in a district shall be held on an authorized
11-2 uniform election date as provided by the Election Code.
11-3 (b) Each election shall be held in accordance with the
11-4 Election Code.
11-5 Sec. 411.034. EMINENT DOMAIN. (a) A district may exercise
11-6 the power of eminent domain to acquire by condemnation a fee simple
11-7 or other interest in property located inside the district if the
11-8 property interest is necessary to the exercise of the authority
11-9 conferred by this chapter.
11-10 (b) The district must exercise the power of eminent domain
11-11 in the manner provided by Chapter 21, Property Code, but the
11-12 district is not required to deposit in the trial court money or a
11-13 bond as provided by Section 21.021(a), Property Code.
11-14 (c) In a condemnation proceeding brought by a district, the
11-15 district is not required to pay in advance or give bond or other
11-16 security for costs in the trial court, to give bond for the
11-17 issuance of a temporary restraining order or a temporary
11-18 injunction, or to give bond for costs or supersedeas on an appeal
11-19 or writ of error.
11-20 (d) In exercising the power of eminent domain, if the
11-21 district requires relocating, raising, lowering, rerouting,
11-22 changing the grade, or altering the construction of any railroad,
11-23 highway, pipeline, or electric transmission or distribution,
11-24 telegraph, or telephone lines, conduits, poles, or facilities, the
11-25 district must bear the actual cost of relocating, raising,
11-26 lowering, rerouting, changing the grade, or altering the
11-27 construction to provide comparable replacement without enhancement
12-1 of facilities after deducting the net salvage value derived from
12-2 the old facility.
12-3 Sec. 411.035. CONTRACTS. (a) The board may enter into
12-4 contracts for administration or services as provided by this
12-5 chapter and in accordance with the applicable provisions of the
12-6 Local Government Code.
12-7 (b) A contract shall be executed by the board in the name of
12-8 the district.
12-9 Sec. 411.036. CONSTRUCTION, RENOVATION, AND REPAIR
12-10 CONTRACTS. (a) A district may contract with any person to
12-11 construct, renovate, or repair any of its works, improvements, or
12-12 facilities, or other plants, pipelines, equipment, and appliances
12-13 and, from time to time, make improvements to them.
12-14 (b) Contracts entered into under this section requiring an
12-15 expenditure of more than $10,000 may be made only after competitive
12-16 bidding as provided by Subchapter B, Chapter 271, Local Government
12-17 Code.
12-18 (c) A contract entered into under this section must contain,
12-19 or have attached to it, the specifications, plans, and details for
12-20 work included in the contract, and work shall be done according to
12-21 those plans and specifications under the supervision of the
12-22 district. The contract must be in writing and signed by the
12-23 contractor and a representative of the district designated by the
12-24 board. The contract shall be kept in the district's office and
12-25 must be available for public inspection.
12-26 Sec. 411.037. CONTRACTOR'S BOND. (a) A contractor shall
12-27 execute a bond in an amount determined by the board, not to exceed
13-1 the contract price, payable to the district and approved by the
13-2 board, conditioned on the faithful performance of the obligations,
13-3 agreements, and covenants of the contract.
13-4 (b) The bond must provide that if the contractor defaults on
13-5 the contract, the contractor will pay to the district all damages
13-6 sustained as a result of the default. The bond shall be deposited
13-7 in the district's depository, and a copy of the bond shall be kept
13-8 in the district's office.
13-9 Sec. 411.038. MONITORING WORK. (a) The board has control
13-10 of construction, renovation, or repairs being done for the district
13-11 under a contract entered into under Section 411.036 and shall
13-12 determine whether or not the contract is being fulfilled.
13-13 (b) The board shall have the construction, renovation, or
13-14 repair work inspected by engineers, inspectors, and personnel of
13-15 the district.
13-16 (c) During the progress of the work, the engineers,
13-17 inspectors, and personnel doing the inspections shall submit to the
13-18 board written reports that show whether the contractor is complying
13-19 with the contract.
13-20 (d) On completion of construction, renovation, or repair
13-21 work, the engineers, inspectors, and personnel shall submit to the
13-22 board a final detailed written report including information
13-23 necessary to show whether the contractor has fully complied with
13-24 the contract.
13-25 Sec. 411.039. PAYMENT FOR WORK. (a) A district shall pay
13-26 the contract price of construction, renovation, or repair contracts
13-27 in accordance with this section.
14-1 (b) The district shall make progress payments under
14-2 contracts monthly as the work proceeds or at more frequent
14-3 intervals as determined by the board.
14-4 (c) If requested by the board, the contractor shall furnish
14-5 an analysis of the total contract price showing the amount included
14-6 for each principal category of the work, in such detail as
14-7 requested, to provide a basis for determining progress payments.
14-8 (d) In making progress payments, 10 percent of the estimated
14-9 amount shall be retained until final completion and acceptance of
14-10 the contract work. However, if the board, at any time after 50
14-11 percent of the work has been completed, finds that satisfactory
14-12 progress is being made, it may authorize any of the remaining
14-13 progress payments to be made in full. Also, if the work is
14-14 substantially complete, the board, if it finds the amount retained
14-15 to be in excess of the amount adequate for the protection of the
14-16 district, may release to the contractor all or a portion of the
14-17 excess amount.
14-18 (e) On completion and acceptance of each separate project,
14-19 work, or other division of the contract on which the price is
14-20 stated separately in the contract, payment may be made without
14-21 retention of a percentage.
14-22 (f) When work is completed according to the terms of the
14-23 contract, the board shall draw a warrant on the depository to pay
14-24 any balance due on the contract.
14-25 Sec. 411.040. CONTRACTS FOR PURCHASE OF VEHICLES, EQUIPMENT,
14-26 AND SUPPLIES OVER $10,000. (a) If the estimated amount of a
14-27 proposed contract for the purchase of vehicles, equipment, or
15-1 supplies is more than $10,000, the board shall ask for competitive
15-2 bids as provided by Section 411.036(b).
15-3 (b) This section does not apply to purchases of property
15-4 from public agencies or to contracts for personal or professional
15-5 services.
15-6 Sec. 411.041. SUITS; PAYMENT OF JUDGMENTS. (a) A district
15-7 may, through its board, sue and be sued in any court of this state
15-8 in the name of the district. Service of process in a suit may be
15-9 had by serving the general manager or other officers appointed by
15-10 the board.
15-11 (b) The courts of this state shall take judicial notice of
15-12 the creation of a district.
15-13 (c) A court of this state that renders a money judgment
15-14 against a district may require the board to pay the judgment from
15-15 money in the district depository that is not dedicated to the
15-16 payment of any indebtedness of the district.
15-17 Sec. 411.042. SEAL. The board shall adopt a seal for the
15-18 district and may alter the form of the seal from time to time.
15-19 (Sections 411.043-411.060 reserved for expansion
15-20 SUBCHAPTER D. DISTRICT POWERS AND DUTIES
15-21 Sec. 411.061. GENERAL POWERS AND DUTIES. (a) A district
15-22 shall administer and enforce this chapter and shall use its
15-23 facilities and powers to accomplish the purposes of this chapter.
15-24 (b) After notice and hearing, the board may adopt rules
15-25 necessary to carry out this chapter. The board shall adopt rules
15-26 providing procedures for giving notice and holding hearings.
15-27 (c) A district may prepare and adopt plans for and may
16-1 purchase, obtain permits for, construct, acquire, own, operate,
16-2 maintain, repair, improve, and extend inside the boundaries of the
16-3 district any works, improvements, landfills, recycling facilities,
16-4 waste-to-energy facilities, composting facilities, transfer
16-5 stations, storage sites, and other facilities, plants, pipelines,
16-6 equipment, and appliances necessary to transport, process, dispose
16-7 of, and control municipal solid waste and to protect groundwater
16-8 within the district in accordance with state law.
16-9 (d) A district shall acquire all permits required by state
16-10 law that are necessary to carry out this chapter.
16-11 (e) A district may conduct studies and research for the
16-12 disposal of municipal solid waste and the protection of water
16-13 within the district.
16-14 (f) The regulatory powers of a district under this chapter
16-15 extend to every person within the district.
16-16 (g) Except as expressly limited by this chapter, a district
16-17 has all powers, rights, and privileges necessary and convenient for
16-18 accomplishing the purposes of this chapter conferred by general law
16-19 on a conservation and reclamation district created under Section
16-20 59, Article XVI, Texas Constitution.
16-21 (h) Subject only to the authority vested in other entities
16-22 by general law, including those vested in the commission by Chapter
16-23 26, Water Code, and by Chapter 361, Health and Safety Code, a
16-24 district may control water pollution within the district.
16-25 (i) The powers granted to a district by this chapter are
16-26 cumulative of all powers granted by other laws that are by their
16-27 terms applicable to the district.
17-1 (j) The powers and duties conferred on a district are
17-2 granted subject to the state policy to encourage the development
17-3 and use of regional and integrated solid waste management systems
17-4 to serve the needs of the citizens of the state.
17-5 (k) A district may contract to provide a person solid waste
17-6 management services or any other service authorized under this
17-7 chapter only inside the district or in a county adjacent to the
17-8 district.
17-9 Sec. 411.062. SOLID WASTE RESOURCE RECOVERY FACILITIES. A
17-10 district may construct or acquire and operate municipal solid waste
17-11 resource recovery facilities inside the district.
17-12 Sec. 411.063. ON-SITE SEWAGE DISPOSAL SYSTEMS. (a) A
17-13 district may apply to the commission for designation as an
17-14 authorized agent to implement and enforce on-site sewage disposal
17-15 rules under Chapter 366.
17-16 (b) If a district finds that due to the nature of the soil
17-17 or drainage in the area it is necessary to prevent water pollution
17-18 that may injure the public health, the district by rule may:
17-19 (1) provide limits on the number and kind of septic
17-20 tanks in an area defined by the rule;
17-21 (2) prohibit the use of septic tanks in the area; or
17-22 (3) prohibit the installation of new septic tanks in
17-23 the area.
17-24 (c) The board shall consult the commission before adopting a
17-25 rule under Subsection (b).
17-26 (d) The board may not issue a rule under Subsection (b)
17-27 without first holding a public hearing in the area to be affected
18-1 by the rule.
18-2 Sec. 411.064. SOLID WASTE MANAGEMENT CONTRACTS. (a) Unless
18-3 otherwise provided by this chapter, a district may contract to
18-4 provide solid waste management services inside the district or in a
18-5 county adjacent to the district.
18-6 (b) A district shall set fees in a contract under Subsection
18-7 (a) after considering:
18-8 (1) the quality of the waste;
18-9 (2) the quantity of the waste;
18-10 (3) the difficulty encountered in treating or
18-11 disposing of the waste;
18-12 (4) operation and maintenance expenses and debt
18-13 retirement services; and
18-14 (5) any other reasonable considerations.
18-15 Sec. 411.065. REGULATION OF SOLID WASTE MANAGEMENT. A
18-16 district shall comply with all standards, laws, and rules relating
18-17 to the operation for all aspects of solid waste handling, including
18-18 storage, collection, recycling, incineration, sanitary landfill, or
18-19 composting.
18-20 Sec. 411.066. CONSULTATION, CONTRACTS, AND COOPERATION WITH
18-21 OTHER GOVERNMENTAL AGENCIES AND ENTITIES. To carry out any
18-22 purposes or powers under this chapter, a district may advise,
18-23 consult, contract, and cooperate with the federal government and
18-24 its agencies, the state and its agencies, local governments, and
18-25 private entities.
18-26 Sec. 411.067. ACQUISITION OF PROPERTY. A district may
18-27 acquire by gift, grant, devise, purchase, or lease any land,
19-1 easements, rights-of-way, and other property interests necessary
19-2 inside the district to carry out the powers and duties provided by
19-3 this chapter.
19-4 Sec. 411.068. ACQUISITION OF EXISTING FACILITIES. If a
19-5 district acquires existing works, improvements, facilities, plants,
19-6 pipelines, equipment, and appliances that are completed, partially
19-7 completed, or under construction, the district may assume the
19-8 contracts and obligations of the previous owner and perform the
19-9 obligations of the previous owner in the same manner and to the
19-10 same extent that any other purchaser or assignee would be bound.
19-11 Sec. 411.069. ENTRY ON LAND. (a) The directors, the
19-12 engineer, and the employees of a district may go on any land inside
19-13 the district or in a county adjacent to the district to make
19-14 surveys and examine the land with reference to the location of
19-15 works, improvements, and waste disposal, treatment, and other
19-16 facilities, plants, pipelines, equipment, and appliances and to
19-17 attend to business of the district.
19-18 (b) Before a director, engineer, or employee enters on the
19-19 land, the landowner must grant written permission or five days'
19-20 written notice must be given to the landowner.
19-21 (c) If any activities of a district on the land cause
19-22 damages to the land or property, the land or property shall be
19-23 restored as nearly as possible to its original state. The district
19-24 shall pay the cost of the restoration.
19-25 Sec. 411.070. RIGHT TO USE ROAD RIGHT-OF-WAY. (a) A
19-26 district has a right-of-way along and across all public state or
19-27 county roads or highways.
20-1 (b) A governmental entity that has jurisdiction of a
20-2 right-of-way may designate the place on the right-of-way on which
20-3 the facilities of the district may be installed and may require the
20-4 relocation of the district's facilities to accommodate any widening
20-5 or changing of traffic lanes.
20-6 (c) The district may not proceed with an action to change,
20-7 alter, or damage facilities or property of the state unless the
20-8 district first obtains the written consent of the governmental
20-9 entity that has control and jurisdiction of the facilities or
20-10 property.
20-11 (Sections 411.071-411.090 reserved for expansion
20-12 SUBCHAPTER E. DISTRICT FINANCES
20-13 Sec. 411.091. FISCAL YEAR. (a) A district operates on the
20-14 fiscal year established by the board.
20-15 (b) The fiscal year may not be changed more than once in a
20-16 24-month period.
20-17 Sec. 411.092. ANNUAL AUDIT. Annually, the board shall have
20-18 an audit made of the financial condition of the district.
20-19 Sec. 411.093. ANNUAL BUDGET. (a) The board shall prepare
20-20 and approve an annual budget for the district.
20-21 (b) The budget shall contain a complete financial statement,
20-22 including a statement of:
20-23 (1) the outstanding obligations of the district;
20-24 (2) the amount of cash on hand to the credit of each
20-25 fund of the district;
20-26 (3) the amount of money received by the district from
20-27 all sources during the previous year;
21-1 (4) the amount of money available to the district from
21-2 all sources during the ensuing year;
21-3 (5) the amount of the balances expected at the end of
21-4 the year in which the budget is being prepared;
21-5 (6) the estimated amount of revenues and balances
21-6 available to cover the proposed budget; and
21-7 (7) the estimated tax rate that will be required.
21-8 (c) After adoption, the annual budget may be amended on the
21-9 board's approval.
21-10 (d) Money may not be spent for an expense not included in
21-11 the annual budget or an amendment to it unless the board by order
21-12 declares the expense to be necessary.
21-13 (e) As soon as practicable after the close of the fiscal
21-14 year, the treasurer of the district shall prepare for the board a
21-15 sworn statement of the amount of money that belongs to the district
21-16 and an account of the disbursements of that money.
21-17 Sec. 411.094. DEPOSITORY. (a) The board shall name one or
21-18 more banks to serve as depository for district funds.
21-19 (b) District funds, other than those transmitted to a bank
21-20 for payment of bonds issued by the district, shall be deposited as
21-21 received with the depository bank and must remain on deposit. This
21-22 section does not limit the power of the board to invest the
21-23 district's funds as provided by Section 411.095.
21-24 (c) Before the district deposits funds in a bank in an
21-25 amount that exceeds the maximum amount secured by the Federal
21-26 Deposit Insurance Corporation, the bank must execute a bond or
21-27 provide other security in an amount sufficient to secure from loss
22-1 the district's funds that exceed the amount secured by the Federal
22-2 Deposit Insurance Corporation.
22-3 Sec. 411.095. INVESTMENTS. (a) Funds of a district may be
22-4 invested and reinvested by the board or its authorized
22-5 representative in those investments specified by Article 836 or
22-6 837, Revised Statutes, or Chapter 2256, Government Code.
22-7 (b) Funds of a district may be placed in certificates of
22-8 deposit of state or national banks or state or federal savings and
22-9 loan associations within the state provided that funds are secured
22-10 in the manner required for the security of the funds of counties of
22-11 the state.
22-12 (c) The board by resolution may provide that an authorized
22-13 representative of a district may invest and reinvest the funds of
22-14 the district and provide for money to be withdrawn from the
22-15 appropriate accounts of the district for investments on terms the
22-16 board considers advisable.
22-17 Sec. 411.096. PAYMENT OF EXPENSES. (a) A district's
22-18 directors may pay all costs and expenses necessarily incurred in
22-19 the creation, organization, and operation of the district, legal
22-20 fees, and other incidental expenses and may reimburse any person
22-21 for money advanced for those purposes.
22-22 (b) Payments may be made from money obtained from the sale
22-23 of bonds issued by the district or out of taxes, fees, or other
22-24 revenues of the district.
22-25 Sec. 411.097. FEES AND CHARGES. (a) The board may adopt
22-26 and enforce all necessary charges, fees, or rentals, in addition to
22-27 taxes, for providing any district facilities or services.
23-1 (b) The board may require a deposit for any services or
23-2 facilities furnished and may or may not provide that the deposit
23-3 will bear interest. The interest, if any, may accrue to the
23-4 deposit or be used to offset amounts due.
23-5 (c) The board may discontinue a facility or service to
23-6 prevent an abuse or enforce payment of an unpaid charge, fee, or
23-7 rental due the district, including taxes that have been due for not
23-8 less than six months.
23-9 Sec. 411.098. GIFTS, GRANTS, LOANS, AND OTHER FUNDS. To
23-10 carry out any purposes or powers under this chapter, a district may
23-11 apply for, accept, receive, and administer gifts, grants, loans,
23-12 and other funds available from any source.
23-13 Sec. 411.099. BORROWING MONEY. A district may borrow money
23-14 for any purpose authorized under this chapter or any combination of
23-15 those purposes.
23-16 (Sections 411.100-411.110 reserved for expansion
23-17 SUBCHAPTER F. BONDS
23-18 Sec. 411.111. AUTHORITY TO ISSUE BONDS. The board may issue
23-19 and sell bonds in the name of the district to acquire land and
23-20 construct works, improvements, and waste disposal, treatment, and
23-21 other facilities, plants, pipelines, equipment, and appliances as
23-22 provided by this chapter.
23-23 Sec. 411.112. BOND PAYMENT. The board may provide for the
23-24 payment of the principal of and interest on the bonds:
23-25 (1) from the levy and collection of property taxes on
23-26 all taxable property within the district;
23-27 (2) by pledging all or part of the designated revenues
24-1 from the ownership or operation of the district's works,
24-2 improvements, and facilities; or
24-3 (3) from a combination of the sources listed by
24-4 Subdivisions (1) and (2).
24-5 Sec. 411.113. BOND ELECTION. (a) Bonds may not be issued
24-6 by a district until authorized by a majority vote of individuals
24-7 qualified to vote and actually voting in the area within the
24-8 boundaries of the district at an election called and held for that
24-9 purpose.
24-10 (b) The board may order a bond election. The order calling
24-11 the election must state the nature and the date of the election,
24-12 the hours during which the polls will be open, the location of the
24-13 polling places, the amount of bonds to be authorized, and the
24-14 maximum maturity of the bonds.
24-15 (c) Notice of a bond election must be given as provided by
24-16 the Election Code.
24-17 (d) At an election to authorize bonds, the ballot must be
24-18 printed to permit voting for or against the issuance of bonds and
24-19 the levy of property taxes for payment of the bonds.
24-20 (e) The board shall canvass the returns and declare the
24-21 results of the election. If a majority of the votes cast at the
24-22 election favor the issuance of the bonds, the bonds may be issued
24-23 by the board, but if a majority of the votes cast at the election
24-24 do not favor issuance of the bonds, the bonds may not be issued.
24-25 Sec. 411.114. TERMS; FORM. (a) A district may issue its
24-26 bonds in various series or issues.
24-27 (b) Bonds may mature serially or otherwise not more than 50
25-1 years after the date of issuance and shall bear interest at a rate
25-2 permitted by state law.
25-3 (c) A district's bonds and interest coupons, if any, are
25-4 investment securities under the terms of Chapter 8, Business &
25-5 Commerce Code, and may be issued registrable as to principal or as
25-6 to principal and interest or may be issued in book entry form and
25-7 may be made redeemable before maturity at the option of the
25-8 district or may contain a mandatory redemption provision.
25-9 (d) A district's bonds may be issued in the form,
25-10 denominations, and manner and under the terms, conditions, and
25-11 details and shall be signed and executed as provided by the board
25-12 in the resolution or order authorizing the bonds.
25-13 Sec. 411.115. BOND PROVISIONS. (a) In the orders or
25-14 resolutions authorizing the issuance of bonds, including refunding
25-15 bonds, the board may provide for the flow of funds, the
25-16 establishment and maintenance of the interest and sinking fund, the
25-17 reserve fund, and other funds and may make additional covenants
25-18 with respect to the bonds and the pledged fees.
25-19 (b) The orders or resolutions of the board authorizing the
25-20 issuance of bonds may prohibit the further issuance of bonds or
25-21 other obligations payable from the pledged fees or may reserve the
25-22 right to issue additional bonds to be secured by a pledge of and
25-23 payable from the fees on a parity with or subordinate to the pledge
25-24 in support of the bonds being issued.
25-25 (c) The orders or resolutions of the board issuing bonds may
25-26 contain other provisions and covenants as the board may determine.
25-27 (d) The board may adopt and have executed any other
26-1 proceedings or instruments necessary and convenient in the issuance
26-2 of bonds.
26-3 Sec. 411.116. APPROVAL AND REGISTRATION. (a) Bonds issued
26-4 by a district and the records relating to their issuance must be
26-5 submitted to the attorney general for examination as to their
26-6 validity.
26-7 (b) If the attorney general finds that the bonds have been
26-8 authorized in accordance with the law, the attorney general shall
26-9 approve them, and the comptroller of public accounts shall register
26-10 the bonds.
26-11 (c) Following approval and registration, the bonds are
26-12 incontestable and are binding obligations according to their terms.
26-13 Sec. 411.117. REFUNDING BONDS. (a) Refunding bonds of a
26-14 district may be issued to refund and pay off an outstanding
26-15 indebtedness the district has issued or assumed.
26-16 (b) The bonds must be issued in the manner provided by
26-17 Chapter 784, Acts of the 61st Legislature, Regular Session, 1969
26-18 (Article 717k-3, Vernon's Texas Civil Statutes).
26-19 (c) The refunding bonds may be sold and the proceeds applied
26-20 to the payment of outstanding indebtedness or may be exchanged in
26-21 whole or in part for not less than a similar principal amount of
26-22 outstanding indebtedness. If the refunding bonds are to be sold
26-23 and the proceeds applied to the payment of outstanding
26-24 indebtedness, the refunding bonds must be issued and payments made
26-25 in the manner provided by Chapter 503, Acts of the 54th
26-26 Legislature, Regular Session, 1955 (Article 717k, Vernon's Texas
26-27 Civil Statutes).
27-1 Sec. 411.118. LEGAL INVESTMENTS; SECURITY FOR DEPOSITS. (a)
27-2 District bonds are legal and authorized investments for:
27-3 (1) a bank;
27-4 (2) a savings bank;
27-5 (3) a trust company;
27-6 (4) a savings and loan association;
27-7 (5) an insurance company;
27-8 (6) a fiduciary;
27-9 (7) a trustee;
27-10 (8) a guardian; and
27-11 (9) the sinking fund of a municipality, county, school
27-12 district, or other political subdivision of the state and other
27-13 public funds of the state and its agencies, including the permanent
27-14 school fund.
27-15 (b) District bonds may secure deposits of public funds of
27-16 the state or a municipality, county, school district, or other
27-17 political subdivision of the state. The bonds are lawful and
27-18 sufficient security for deposits to the extent of their value, if
27-19 accompanied by all unmatured coupons.
27-20 Sec. 411.119. MANDAMUS BY BONDHOLDERS. In addition to all
27-21 other rights and remedies provided by law, if a district defaults
27-22 in the payment of principal, interest, or redemption price on its
27-23 bonds when due or if it fails to make payments into any fund or
27-24 funds created in the orders or resolutions authorizing the issuance
27-25 of the bonds or defaults in the observation or performance of any
27-26 other covenants, conditions, or obligations set forth in the orders
27-27 or resolutions authorizing the issuance of its bonds, the owners of
28-1 any of the bonds are entitled to a writ of mandamus issued by a
28-2 court of competent jurisdiction compelling and requiring the
28-3 district and its officials to observe and perform the covenants,
28-4 obligations, or conditions prescribed in the orders or resolutions
28-5 authorizing the issuance of the district's bonds.
28-6 Sec. 411.120. APPLICATION OF OTHER LAWS. Bonds of a
28-7 district are considered bonds under the Bond Procedures Act of 1981
28-8 (Article 717k-6, Vernon's Texas Civil Statutes).
28-9 (Sections 411.121-411.130 reserved for expansion
28-10 SUBCHAPTER G. TAXES
28-11 Sec. 411.131. TAX STATUS OF BONDS. Bonds issued by the
28-12 district, any transaction relating to the bonds, and profits made
28-13 in the sale of the bonds are free from taxation by the state or by
28-14 a municipality, county, special district, or other political
28-15 subdivision of the state.
28-16 Sec. 411.132. LEVY OF TAXES. (a) The board may annually
28-17 levy taxes in the district in an amount necessary to pay the
28-18 principal of and interest on bonds issued by the district and the
28-19 expense of assessing and collecting taxes.
28-20 (b) The district may annually levy and collect a maintenance
28-21 and operating tax in an amount not to exceed 50 cents on each $100
28-22 of assessed valuation of property in the district to pay
28-23 maintenance and operating expenses of the district.
28-24 Sec. 411.133. BOARD AUTHORITY. (a) The board may levy
28-25 taxes for the entire year in which the district is created.
28-26 (b) The board shall levy taxes on all property within the
28-27 boundaries of the district subject to district taxation.
29-1 Sec. 411.134. TAX RATE. In setting the tax rate, the board
29-2 shall take into consideration the income of the district from
29-3 sources other than taxation. On determination of the amount of tax
29-4 required to be levied, the board shall make the levy and certify it
29-5 to the tax collector.
29-6 Sec. 411.135. TAX APPRAISAL, ASSESSMENT, AND COLLECTION.
29-7 (a) The Tax Code governs the appraisal, assessment, and collection
29-8 of district taxes.
29-9 (b) The board may provide for the appointment of a tax
29-10 collector for the district or may contract for the collection of
29-11 taxes as provided by the Tax Code.
29-12 CHAPTER 412. PROVISIONS APPLICABLE TO SPECIFIC SOLID WASTE
29-13 MANAGEMENT DISTRICTS
29-14 SUBCHAPTER A. VAN ZANDT COUNTY
29-15 Sec. 412.001. DEFINITION. In this subchapter, "district"
29-16 means the Van Zandt County Waste Management District.
29-17 Sec. 412.002. BOUNDARIES. The district consists of the area
29-18 within the boundaries of Van Zandt County.
29-19 Sec. 412.003. POWERS. The district has all of the rights,
29-20 powers, privileges, authority, functions, and duties provided by
29-21 the general law of this state, including Chapter 411, applicable to
29-22 a solid waste management district created under Section 59, Article
29-23 XVI, Texas Constitution. This subchapter prevails over any
29-24 provision of general law that is in conflict or inconsistent with
29-25 this subchapter.
29-26 Sec. 412.004. BOARD OF DIRECTORS. (a) The district is
29-27 governed by a board of directors composed of seven members, who are
30-1 elected as provided by this subchapter.
30-2 (b) The directors shall be elected from the district at
30-3 large.
30-4 Sec. 412.005. TERM OF OFFICE. A director holds office for a
30-5 term of three years and serves until the director's successor is
30-6 elected and has qualified.
30-7 Sec. 412.006. ELECTION OF DIRECTORS. On the first Saturday
30-8 in May in each year, an election shall be held in the district to
30-9 elect the appropriate number of directors to the board.
30-10 Sec. 412.007. BEGINNING OF DIRECTOR'S TERM. A director
30-11 shall take office at the first regular meeting of the board in May
30-12 following the director's election to the board.
30-13 Sec. 412.008. ORGANIZATION OF BOARD. (a) After each annual
30-14 directors' election, the board shall hold a regular meeting in May
30-15 at the district office and shall organize by electing from the
30-16 members of the board one person to serve as chairman, one person to
30-17 serve as vice-chairman, and one person to serve as secretary.
30-18 (b) A person selected to serve as chairman, vice-chairman,
30-19 or secretary serves in that capacity for a term of one year.
30-20 Sec. 412.009. DIRECTOR'S COMPENSATION. A director is not
30-21 entitled to receive a per diem allowance for more than 120 days in
30-22 any one calendar year.
30-23 Sec. 412.010. MAINTENANCE AND OPERATING TAX. On approval of
30-24 a majority of the voters in the district at an election called for
30-25 that purpose, the district may levy and collect a maintenance and
30-26 operating tax in an amount not to exceed five cents on each $100 of
30-27 assessed valuation of property in the district to pay maintenance
31-1 and operating expenses of the district. The maintenance and
31-2 operating tax election shall be held in the manner provided by
31-3 Chapter 411 for the confirmation and directors' election.
31-4 (Sections 412.011-412.030 reserved for expansion
31-5 SUBCHAPTER B. GAINES COUNTY
31-6 Sec. 412.031. DEFINITION. In this subchapter, "district"
31-7 means the Gaines County Waste Management District.
31-8 Sec. 412.032. BOUNDARIES. The district consists of the area
31-9 within the boundaries of Gaines County.
31-10 Sec. 412.033. POWERS. The district has all of the rights,
31-11 powers, privileges, authority, functions, and duties provided by
31-12 the general law of this state, including Chapter 411, applicable to
31-13 a solid waste management district created under Section 59, Article
31-14 XVI, Texas Constitution. This subchapter prevails over any
31-15 provision of general law that is in conflict or inconsistent with
31-16 this subchapter.
31-17 Sec. 412.034. APPOINTMENT OF INITIAL DIRECTORS. (a) On or
31-18 after the effective date of this subchapter, the Commissioners
31-19 Court of Gaines County shall appoint three persons, the governing
31-20 body of the City of Seminole shall appoint two persons, and the
31-21 governing body of the City of Seagraves shall appoint two persons
31-22 to serve as initial directors of the district. The four persons
31-23 appointed by the governing bodies of the cities of Seminole and
31-24 Seagraves shall represent the municipalities within the county, and
31-25 the three persons appointed by the Commissioners Court of Gaines
31-26 County shall represent the unincorporated areas of the county. In
31-27 addition, the board of regents of The University of Texas System
32-1 shall appoint one person to serve as an ex officio nonvoting
32-2 director of the district.
32-3 (b) A vacancy on the initial board shall be filled in the
32-4 same manner as the original appointment for the unexpired term.
32-5 (c) The Commissioners Court of Gaines County and the
32-6 governing bodies of the cities of Seminole and Seagraves shall each
32-7 appoint one initial director to serve a term expiring on May 1 of
32-8 the first year after the year in which the original appointment is
32-9 made. In addition, the Commissioners Court of Gaines County shall
32-10 appoint two initial directors and the governing bodies of the
32-11 cities of Seminole and Seagraves shall each appoint one initial
32-12 director to serve terms expiring on May 1 of the second year after
32-13 the year in which the original appointment is made. The initial ex
32-14 officio member serves a term expiring on May 1 of the second year
32-15 after the year in which the original appointment is made.
32-16 Successor directors serve two-year terms.
32-17 Sec. 412.035. BALLOT PROPOSITION. The ballot shall be
32-18 printed to permit voting for or against the proposition: "The
32-19 creation of the Gaines County Solid Waste Management District and
32-20 the levy of a maintenance and operating tax in an amount not to
32-21 exceed five cents on each $100 valuation." The ballot shall
32-22 include the names of the persons appointed as directors for the
32-23 district.
32-24 Sec. 412.036. EXPIRATION. If the creation of the district
32-25 is not confirmed on or before the fifth anniversary of the
32-26 effective date of this subchapter, this subchapter expires.
32-27 Sec. 412.037. BOARD OF DIRECTORS. (a) The district is
33-1 governed by a board of directors composed of seven voting members
33-2 and one ex officio nonvoting member who are appointed as provided
33-3 by this subchapter. However, the district shall change to a system
33-4 of electing the voting directors if:
33-5 (1) the Commissioners Court of Gaines County and the
33-6 governing bodies of the cities of Seminole and Seagraves each pass
33-7 a resolution calling for the election of the directors; or
33-8 (2) the board receives a petition signed by at least
33-9 150 registered voters of Gaines County calling for the election of
33-10 the directors.
33-11 (b) If the resolution is passed or the petition presented to
33-12 the board as provided by Subsection (a), a directors' election
33-13 shall be held on the first Saturday in May that occurs after the
33-14 resolution is passed or the petition presented. The board by order
33-15 may postpone the election date for one year if:
33-16 (1) the election will occur within 60 days after the
33-17 date the resolution is passed or the petition is presented; or
33-18 (2) the board determines that there is not sufficient
33-19 time to comply with the requirements of law and to order the
33-20 election.
33-21 (c) The change to a system of electing the voting directors
33-22 does not apply to or affect the ex officio nonvoting director
33-23 appointed by the board of regents of The University of Texas
33-24 System.
33-25 Sec. 412.038. METHOD OF ELECTION. (a) If directors are
33-26 elected, one director shall be elected from each commissioner
33-27 precinct and three directors shall be elected from the district at
34-1 large.
34-2 (b) At the initial election of directors, the candidate
34-3 receiving the highest number of votes from a commissioner precinct
34-4 is the director for that precinct, and the three candidates
34-5 receiving the highest number of votes from the district at large
34-6 are the directors for the district at large. If two or more
34-7 persons tie for the third-highest vote, the Commissioners Court of
34-8 Gaines County shall select the third member from those tying for
34-9 the place.
34-10 (c) The candidates elected from the odd-numbered precincts
34-11 and the two candidates elected from the district at large who
34-12 receive the highest number of votes at the initial election serve
34-13 for a term of two years. The candidates elected from the
34-14 even-numbered precincts and the candidate elected from the district
34-15 at large who receives the third-highest number of votes at that
34-16 election serve for a term of one year.
34-17 (d) After the initial election of directors, an election
34-18 shall be held on the first Saturday in May each year and the
34-19 appropriate number of successor directors shall be elected for
34-20 two-year terms.
34-21 Sec. 412.039. QUALIFICATIONS FOR OFFICE. (a) To be
34-22 eligible to be appointed as, to be a candidate for, or to serve as
34-23 a voting director, a person must be:
34-24 (1) a resident of the district; and
34-25 (2) a qualified voter.
34-26 (b) In addition to the qualifications required by Subsection
34-27 (a), a person who is elected from a commissioner precinct or who is
35-1 appointed to fill a vacancy for a commissioner precinct must be a
35-2 resident of that commissioner precinct.
35-3 (c) Each voting director must execute a bond in the amount
35-4 of $5,000 with a corporate surety authorized to do business in this
35-5 state and conditioned on the faithful performance of the director's
35-6 duties.
35-7 Sec. 412.040. BEGINNING OF DIRECTOR'S TERM. A director
35-8 shall take office at the first regular meeting of the board in May
35-9 following the director's appointment or election and qualification.
35-10 Sec. 412.041. VACANCY ON BOARD. (a) If the directors are
35-11 appointed, a vacancy on the board shall be filled in the same
35-12 manner as the original appointment for the unexpired term.
35-13 (b) If the directors are elected, the vacancy of an elected
35-14 director's position on the board shall be filled by appointment of
35-15 the remaining members of the board until the next election of
35-16 directors for the district. If that position is not scheduled to
35-17 be filled at that election, the person elected to fill the position
35-18 serves only for the remainder of the unexpired term.
35-19 Sec. 412.042. ORGANIZATION OF BOARD. (a) After each annual
35-20 appointment or election of directors, the board shall hold a
35-21 regular meeting in May at the district office and shall organize by
35-22 electing from the members of the board one person to serve as
35-23 chairman, one person to serve as vice-chairman, and one person to
35-24 serve as secretary.
35-25 (b) A person selected to serve as chairman, vice-chairman,
35-26 or secretary serves in that capacity for a term of one year.
35-27 Sec. 412.043. MEETING AND ACTIONS OF BOARD. (a) A majority
36-1 of the voting members of the board constitute a quorum for the
36-2 transaction of business of the district.
36-3 (b) Except as otherwise provided by this subchapter, the
36-4 vote of a majority of the voting directors is required for board
36-5 action.
36-6 Sec. 412.044. GENERAL MANAGER. The board may discharge the
36-7 general manager on a majority vote of all of the voting directors.
36-8 Sec. 412.045. ADDITIONAL POWERS AND DUTIES. (a) The
36-9 district shall prepare and adopt plans for and shall purchase,
36-10 obtain permits for, construct, acquire, own, operate, maintain,
36-11 repair, improve, and extend inside the district or in a county
36-12 adjacent to the district any works, improvements, landfills,
36-13 recycling facilities, waste-to-energy facilities, composting
36-14 facilities, transfer stations, storage sites, and other facilities,
36-15 plants, pipelines, equipment, and appliances necessary to
36-16 transport, process, dispose of, and control solid waste and to
36-17 protect groundwater within the district in accordance with state
36-18 law.
36-19 (b) The district may conduct studies and research for the
36-20 disposal of solid waste and the protection of water within the
36-21 district.
36-22 Sec. 412.046. LIMITATION OF CERTAIN POWERS. The district
36-23 may not provide solid waste collection services without an
36-24 interlocal agreement approved by the county, the City of Seminole,
36-25 and the City of Seagraves. However, the district shall purchase
36-26 equipment, facilities, containers, and other necessary items for
36-27 collection services if the district adopts a recycling program.
37-1 Sec. 412.047. ACQUISITION OF PROPERTY. The district may
37-2 acquire by gift, grant, devise, purchase, or lease any land,
37-3 easements, rights-of-way, and other property interests necessary to
37-4 carry out the powers and duties provided by this subchapter.
37-5 Sec. 412.048. SOLID WASTE RESOURCE RECOVERY FACILITIES. The
37-6 district may construct or acquire and operate solid waste resource
37-7 recovery facilities.
37-8 Sec. 412.049. LEVY OF TAXES. (a) The board may annually
37-9 levy taxes in the district in an amount necessary to pay the
37-10 principal of and interest on bonds issued by the district and the
37-11 expense of assessing and collecting taxes.
37-12 (b) The district may annually levy and collect a maintenance
37-13 and operating tax in an amount not to exceed five cents on each
37-14 $100 of assessed valuation of property in the district to pay
37-15 maintenance and operating expenses of the district.
37-16 (c) The combined tax rate for all purposes may not exceed 10
37-17 cents on each $100 of assessed valuation of property in the
37-18 district.
37-19 Sec. 412.050. Expansion of District Territory. (a)
37-20 Registered voters of a defined territory that is not included in
37-21 the district may file a petition with the secretary of the board
37-22 requesting the inclusion of the territory in the district. The
37-23 petition must be signed by at least 50 registered voters of the
37-24 territory or a majority of those voters, whichever is less.
37-25 (b) The board by order shall set a time and place to hold a
37-26 hearing on the petition to include the territory in the district.
37-27 The board shall set a date for the hearing that is after the 30th
38-1 day after the date the board issues the order.
38-2 (c) If after the hearing the board finds that annexation of
38-3 the territory into the district would be feasible and would benefit
38-4 the district, the board may approve the annexation by a resolution
38-5 entered in its minutes. The board is not required to include all
38-6 of the territory described in the petition if the board finds that
38-7 a modification or change is necessary or desirable.
38-8 (d) Annexation of territory is final when approved by a
38-9 majority of the voters at an election held in the district and by a
38-10 majority of the voters at a separate election held in the territory
38-11 to be annexed. If the district has outstanding debts or taxes, the
38-12 voters in the election to approve the annexation must also
38-13 determine if the annexed territory will assume its proportion of
38-14 the debts or taxes if added to the district.
38-15 (e) The election ballots shall be printed to permit voting
38-16 for or against the following, as applicable:
38-17 (1) "Adding (description of territory to be added) to
38-18 the Gaines County Solid Waste Management District."
38-19 (2) "(Description of territory to be added) assuming
38-20 its proportionate share of the outstanding debts and taxes of the
38-21 Gaines County Solid Waste Management District, if it is added to
38-22 the district."
38-23 (f) The election shall be held after the 45th day and on or
38-24 before the 60th day after the date the election is ordered. The
38-25 election shall be ordered and notice of the election shall be given
38-26 in accordance with the Election Code.
38-27 (Sections 412.051-412.070 reserved for expansion
39-1 SUBCHAPTER C. UPPER SABINE VALLEY
39-2 Sec. 412.071. DEFINITION. In this subchapter, "district"
39-3 means the Upper Sabine Valley Solid Waste Management District.
39-4 Sec. 412.072. DESCRIPTION. Except as provided by Section
39-5 412.075, the district's territory consists of the area within the
39-6 boundaries of Upshur, Wood, and Rains counties and that portion of
39-7 Smith County that is north of Interstate Highway 20.
39-8 Sec. 412.073. POWERS. The district has all of the rights,
39-9 powers, privileges, authority, functions, and duties provided by
39-10 the general law of this state, including Chapter 411, applicable to
39-11 a solid waste management district created under Section 59, Article
39-12 XVI, Texas Constitution. This subchapter prevails over any
39-13 provision of general law that is in conflict or inconsistent with
39-14 this subchapter.
39-15 Sec. 412.074. APPOINTMENT OF TEMPORARY DIRECTORS. (a) On
39-16 or after the effective date of this subchapter, the commissioners
39-17 court of each county included in the proposed district shall each
39-18 appoint two persons to serve as temporary directors of the
39-19 district.
39-20 (b) Members of the temporary board serve until the persons
39-21 selected as directors under Sections 412.076-412.080 have been
39-22 appointed and have qualified for office.
39-23 (c) A vacancy on the temporary board shall be filled by
39-24 appointment in the same manner as the original appointment.
39-25 Sec. 412.075. CONFIRMATION AND TAX ELECTIONS. (a) The
39-26 temporary directors shall call and hold a separate election in each
39-27 county within the boundaries of the proposed district to determine
40-1 if the proposed district will be created and a tax authorized. The
40-2 elections shall be held on the same day and within six months of
40-3 the effective date of this subchapter.
40-4 (b) Section 41.001(a), Election Code, does not apply to a
40-5 confirmation and tax election held under this section.
40-6 (c) Notice of the confirmation and tax elections shall state
40-7 the day and places for holding the elections and the proposition to
40-8 be voted on. The temporary board shall publish the notice of the
40-9 elections one time in one or more newspapers of general circulation
40-10 in the proposed district. The notice must be published before the
40-11 35th day before the date set for the elections.
40-12 (d) The ballot for the elections shall be printed to permit
40-13 voting for or against the proposition: "The creation of the Upper
40-14 Sabine Valley Solid Waste Management District and the levy of a
40-15 maintenance and operating tax in an amount not to exceed three
40-16 cents on each $100 valuation."
40-17 (e) Immediately after the confirmation and tax elections,
40-18 the presiding judge of each polling place shall deliver returns of
40-19 the elections to the temporary board, and the temporary board shall
40-20 canvass the returns and declare the results.
40-21 (f) If a majority of the votes cast at the election in one
40-22 or more counties favor creation of the district, the board shall
40-23 declare the district created and shall enter the results in its
40-24 minutes. If the election results are favorable in one or more
40-25 counties, but not in all counties, the temporary directors shall
40-26 set the boundaries of the district to include only the counties in
40-27 which the vote was favorable. If a majority of the votes cast at
41-1 each election are against the creation of the district, the board
41-2 shall declare that the creation of the district was defeated and
41-3 shall enter the results in its minutes. The board shall file a
41-4 copy of the election results with the commission.
41-5 (g) If a majority of the voters in each county vote against
41-6 the creation of the district, the board may call and hold
41-7 additional confirmation and tax elections, but another election to
41-8 confirm creation of the district may not be called and held by the
41-9 board before the first anniversary of the most recent confirmation
41-10 and tax elections. If the creation of the district is not
41-11 confirmed on or before the fifth anniversary of the effective date
41-12 of this subchapter, this subchapter expires.
41-13 Sec. 412.076. BOARD OF DIRECTORS. (a) The district is
41-14 governed by a board of directors composed of not fewer than six
41-15 members who are appointed as provided by this subchapter.
41-16 (b) If the district is composed of only one county, the
41-17 commissioners court of that county shall appoint six persons to
41-18 serve as directors.
41-19 (c) If the district is composed of two counties, the
41-20 commissioners court of each county included in the district shall
41-21 each appoint three persons to serve as directors.
41-22 (d) If the district is composed of three or more counties,
41-23 the commissioners court of each county included in the district
41-24 shall each appoint two persons to serve as directors.
41-25 (e) At least one of the directors appointed by each
41-26 commissioners court shall represent the interests of municipalities
41-27 and of unincorporated communities with a population of 1,000 or
42-1 more that are located in that county.
42-2 Sec. 412.077. QUALIFICATIONS OF DIRECTORS. (a) To be
42-3 eligible to be appointed as or to serve as a director, a person
42-4 must be:
42-5 (1) 18 years of age or older;
42-6 (2) a qualified voter; and
42-7 (3) a resident of the county of the appointing
42-8 commissioners court.
42-9 (b) If a member of a commissioners court or a municipal
42-10 government officer is appointed as a director, the member's or
42-11 officer's service as a director is considered an additional duty of
42-12 the member's or officer's existing office. The member or officer
42-13 is not entitled to a per diem allowance under Section 412.082 but
42-14 is entitled to reimbursement for actual and necessary expenses
42-15 incurred in performing official duties as a director.
42-16 (c) Each director must execute a bond in the amount of
42-17 $5,000 with a corporate surety authorized to do business in this
42-18 state and conditioned on the faithful performance of the director's
42-19 duties. The district shall pay the premiums on the directors'
42-20 bonds under this section.
42-21 Sec. 412.078. TERM OF OFFICE. Except as provided by
42-22 Sections 412.080 and 412.101, a director holds office for a term of
42-23 four years and until the director's successor has been appointed
42-24 and has qualified.
42-25 Sec. 412.079. VACANCY ON BOARD. A vacancy on the board
42-26 shall be filled in the same manner as the original appointment for
42-27 the unexpired term.
43-1 Sec. 412.080. INITIAL MEETING AND ORGANIZATION. (a) As
43-2 soon as possible after all directors have been appointed and have
43-3 qualified, the county judge of the county included in the district
43-4 that has the largest population shall call a meeting of the board
43-5 and shall preside at the meeting until the directors have elected
43-6 from the board's membership a chairman, a vice-chairman, a
43-7 secretary, and a treasurer.
43-8 (b) A person selected as an officer serves for a term of one
43-9 year.
43-10 (c) At the initial meeting, the directors shall draw lots so
43-11 that one-half of the initial directors serve four-year terms that
43-12 begin on the date on which the initial meeting is held, and
43-13 one-half of the directors serve two-year terms that begin on that
43-14 date.
43-15 (d) The board shall adopt bylaws at the initial meeting or
43-16 as soon after the initial meeting as practicable. The bylaws must
43-17 prescribe the powers, duties, and procedures for removal from a
43-18 board office.
43-19 Sec. 412.081. MEETING AND ACTIONS OF BOARD. (a) The board
43-20 shall meet at least one time each month and may meet at any other
43-21 time provided by its bylaws.
43-22 (b) A majority of the members of the board constitute a
43-23 quorum for the transaction of business of the district.
43-24 (c) Except as otherwise provided by this subchapter, the
43-25 vote of a majority of directors is required for board action.
43-26 Sec. 412.082. DIRECTOR'S COMPENSATION. (a) A director is
43-27 entitled to receive $50 a day and reimbursement for actual and
44-1 necessary expenses incurred:
44-2 (1) for each day the director attends meetings of the
44-3 board; and
44-4 (2) for each day the director attends to the business
44-5 of the district that is authorized by board resolution or motion.
44-6 (b) A director is not entitled to receive a per diem
44-7 allowance for more than 60 days in any one calendar year.
44-8 Sec. 412.083. GENERAL MANAGER; PERSONNEL. The board shall
44-9 employ a general manager for a term and salary set by the board.
44-10 Sec. 412.084. RECORDS. (a) The district shall keep
44-11 complete and accurate accounts of its business transactions in
44-12 accordance with generally accepted methods of accounting.
44-13 (b) The district shall keep complete and accurate minutes of
44-14 its meetings.
44-15 (c) The district shall keep its accounts, contracts,
44-16 documents, minutes, and other records at its principal office.
44-17 (d) Neither the board nor its employees may disclose a
44-18 district record that relates to trade secrets or the economics of
44-19 an industry's operations.
44-20 Sec. 412.085. CONTRACTS. The board may enter into contracts
44-21 as provided by this subchapter, and those contracts shall be
44-22 executed by the board in the name of the district.
44-23 Sec. 412.086. SUPERVISION OF DISTRICT. The district is
44-24 subject to the continuing right of supervision by the state in
44-25 accordance with state law.
44-26 Sec. 412.087. SUITS; PAYMENTS OF JUDGMENTS. The district,
44-27 through its board, may sue and be sued in any court of this state
45-1 in the name of the district. Service of process in a suit may be
45-2 had by serving the general manager.
45-3 Sec. 412.088. ADDITIONAL POWERS AND DUTIES. (a) The
45-4 district may prepare and adopt plans for and may purchase,
45-5 construct, acquire, own, operate, maintain, repair, improve, and
45-6 extend inside the district or in a county adjacent to the district
45-7 any works, improvements, waste disposal, treatment, and other
45-8 facilities, plants, pipelines, equipment, and appliances necessary
45-9 to collect, transport, process, dispose of, and control domestic,
45-10 industrial, and communal waterborne and solid waste within the
45-11 district.
45-12 (b) The district shall conduct studies and research for the
45-13 control of water pollution and waste disposal within the district,
45-14 shall cooperate with the department and commission in any studies,
45-15 and shall use the results of those studies.
45-16 (c) Except as expressly limited by this subchapter, the
45-17 district has all powers, rights, and privileges necessary and
45-18 convenient for accomplishing the purposes of this subchapter
45-19 conferred by general law on a conservation and reclamation district
45-20 created under Section 59, Article XVI, Texas Constitution,
45-21 including specifically all powers, rights, and privileges conferred
45-22 by Subtitle B, Title 5, Health and Safety Code, on a local or
45-23 regional government.
45-24 (d) Subject only to the authority vested in other entities
45-25 by general law, including those vested in the commission by Chapter
45-26 26, Water Code, and those vested in the department by Chapter 361,
45-27 the district may control water pollution and waste disposal within
46-1 the district.
46-2 (e) The district may enter into cooperative agreements with
46-3 local governments and other political subdivisions to jointly
46-4 operate solid waste management activities and to charge reasonable
46-5 fees for those services.
46-6 Sec. 412.089. ACQUISITION OF PROPERTY. The district may
46-7 acquire by gift, grant, devise, purchase, lease, or eminent domain
46-8 any land, easements, rights-of-way, and other property interests
46-9 necessary to carry out the powers and duties provided by this
46-10 subchapter.
46-11 Sec. 412.090. EMINENT DOMAIN. (a) The district may acquire
46-12 land for the purposes authorized by Section 412.088(a) by
46-13 condemnation if the board determines, after notice and hearing,
46-14 that it is necessary.
46-15 (b) The district must exercise the power of eminent domain
46-16 in the manner provided by Chapter 21, Property Code, but the
46-17 district is not required to:
46-18 (1) deposit in the trial court money or a bond as
46-19 provided by Section 21.021(a), Property Code;
46-20 (2) pay in advance or give bond or other security for
46-21 costs in the trial court;
46-22 (3) give bond for the issuance of a temporary
46-23 restraining order or a temporary injunction; or
46-24 (4) give bond for costs or supersedeas on an appeal or
46-25 writ of error.
46-26 (c) If the district, in the exercise of the power of eminent
46-27 domain, requires relocating, raising, lowering, rerouting, changing
47-1 the grade, or altering the construction of any railroad, highway,
47-2 pipeline, or electric transmission and electric distribution,
47-3 telegraph, or telephone lines, conduits, poles or facilities, the
47-4 district must bear the actual cost of relocating, raising,
47-5 lowering, rerouting, changing the grade, or altering the
47-6 construction to provide comparable replacement without enhancement
47-7 of facilities, after deducting the net salvage value derived from
47-8 the old facility.
47-9 Sec. 412.091. AUTHORITY TO ENTER INTO CONSTRUCTION,
47-10 RENOVATION, AND REPAIR CONTRACTS. The district may contract with
47-11 any person to construct, renovate, or repair any of its works,
47-12 improvements, waste disposal, treatment, or other facilities,
47-13 plants, pipelines, equipment, and appliances and, from time to
47-14 time, make improvements to them.
47-15 Sec. 412.092. ENTRY ON LAND. Before a director, engineer,
47-16 or employee enters on the land, five days' written notice must be
47-17 given to the landowner.
47-18 Sec. 412.093. ACQUISITION OF EXISTING FACILITIES. If the
47-19 district acquires existing works, improvements, and waste
47-20 disposal, treatment, and other facilities, plants, pipelines,
47-21 equipment, and appliances that are completed, partially completed,
47-22 or under construction, the district may assume the contracts and
47-23 obligations of the previous owner and perform the obligations of
47-24 the previous owner in the same manner and to the same extent that
47-25 any other purchaser or assignee would be bound.
47-26 Sec. 412.094. SOLID WASTE RESOURCE RECOVERY OR RECYCLING
47-27 FACILITIES. The district may construct or acquire and operate
48-1 solid waste resource recovery or recycling facilities.
48-2 Sec. 412.095. REGULATION OF SOLID WASTE DISPOSAL. (a) The
48-3 district shall establish minimum standards of operation for all
48-4 aspects of solid waste handling, including storage, collection,
48-5 incineration, recycling, sanitary landfill, and composting.
48-6 (b) Before establishing the standards, the district shall:
48-7 (1) hold public hearings after giving public notice in
48-8 the time and manner prescribed by board rule;
48-9 (2) consult with the commission to ensure that the
48-10 standards are not inconsistent with established criteria; and
48-11 (3) find that the standards are reasonably necessary
48-12 to protect the public health or welfare from water pollution or
48-13 other environmental harm.
48-14 (c) To amend standards, the district shall follow the same
48-15 procedures required for establishing standards.
48-16 (d) The district may make rules reasonably necessary to
48-17 implement solid waste disposal standards.
48-18 (e) The district may assume the exclusive authority to
48-19 exercise the powers granted to a county under Section 361.165,
48-20 including the power to issue licenses and exercise municipal solid
48-21 waste management authority. If the district elects to exercise the
48-22 licensing authority granted under this subsection, it must adopt
48-23 and enforce rules for the management of municipal solid waste. The
48-24 rules must be compatible with and at least as stringent as those of
48-25 the commission and must be approved by the commission.
48-26 Sec. 412.096. SEPTIC TANKS. The board may provide in the
48-27 order for a gradual and systematic reduction of the number or kind
49-1 of septic tanks in the area and, by rule, may provide for a system
49-2 of licensing and issuing permits for the installation of new septic
49-3 tanks in the area affected, in which event a person may not install
49-4 septic tanks in the area without a license or permit from the
49-5 board.
49-6 Sec. 412.097. ACQUISITION, CONSTRUCTION, AND OPERATION OF
49-7 DISPOSAL SYSTEMS. The district may:
49-8 (1) acquire and provide by purchase, gift, or lease
49-9 any disposal systems inside the district or in a county adjacent to
49-10 the district;
49-11 (2) construct and provide disposal systems inside the
49-12 district or in a county adjacent to the district;
49-13 (3) operate and sell any disposal systems that it
49-14 constructs or acquires;
49-15 (4) contract with a person to operate and maintain a
49-16 disposal system belonging to the person; and
49-17 (5) contract with a person to train or supervise
49-18 employees of a disposal system.
49-19 Sec. 412.098. WASTE DISPOSAL CONTRACTS. (a) The district
49-20 may contract to receive and to treat or dispose of waste from a
49-21 person in the district.
49-22 (b) The district shall set fees in a contract under
49-23 Subsection (a) after considering:
49-24 (1) the quality of the waste;
49-25 (2) the quantity of the waste;
49-26 (3) the difficulty encountered in treating or
49-27 disposing of the waste;
50-1 (4) operation and maintenance expenses and debt
50-2 retirement services; and
50-3 (5) any other reasonable considerations.
50-4 Sec. 412.099. AREAWIDE WASTE TREATMENT. The powers and
50-5 duties conferred on the district are granted subject to the state
50-6 policy to encourage the development and use of integrated areawide
50-7 waste collection, treatment, and disposal systems to serve the
50-8 waste disposal needs of the citizens of the state, it being an
50-9 objective of the policy to avoid the economic burden to the people
50-10 and the impact on the quality of the water in the state that result
50-11 from the construction and operation of numerous small waste
50-12 collection, treatment, and disposal facilities to serve an area
50-13 when an integrated areawide waste collection, treatment, and
50-14 disposal system for the area can be reasonably provided.
50-15 Sec. 412.100. LEVY OF TAXES. The district may levy and
50-16 collect a maintenance and operating tax in an amount not to exceed
50-17 three cents on each $100 of assessed valuation of property in the
50-18 district to pay maintenance and operating expenses of the district.
50-19 Sec. 412.101. ANNEXATION OF TERRITORY. (a) The board may
50-20 annex the territory within the boundaries of an adjacent county in
50-21 the manner provided by this section.
50-22 (b) To initiate annexation proceedings, the commissioners
50-23 court of the adjacent county must petition the board requesting the
50-24 board to call an annexation election for the territory within the
50-25 petitioner's county. The petition must be in writing and be
50-26 endorsed by a majority of the members of the commissioners court.
50-27 (c) On receipt of the petition, the board shall set a time
51-1 and place to hold a hearing on the petition. The board shall set a
51-2 date for the hearing that is not later than the 20th day after the
51-3 date on which the board receives the petition.
51-4 (d) The board shall publish notice of the place, time, date,
51-5 and purpose of the hearing in one or more newspapers with general
51-6 circulation in the district and in the county to be annexed. This
51-7 notice is in addition to the notice required under the open
51-8 meetings law, Chapter 551, Government Code.
51-9 (e) Any person may testify at the hearing for or against
51-10 annexation of the county to the district.
51-11 (f) At the conclusion of the hearing, the board shall
51-12 determine if an election should be held in the county to be annexed
51-13 to determine if the county should be annexed to the district.
51-14 (g) Annexation of a county is final when approved by a
51-15 majority of the voters at an election held in the county to be
51-16 annexed. If the district has outstanding debts or taxes, the
51-17 voters in the election to approve the annexation must also
51-18 determine if the annexed county will assume its proportion of the
51-19 debts or taxes if added to the district. An election in the
51-20 existing district accepting the addition of the county is not
51-21 required.
51-22 (h) The election ballots shall be printed to permit voting
51-23 for or against the following, as applicable:
51-24 (1) "Adding (description of county to be added) to the
51-25 Upper Sabine Valley Solid Waste Management District."
51-26 (2) "(Description of county to be added) assuming its
51-27 proportionate share of the outstanding debts and taxes of the Upper
52-1 Sabine Valley Solid Waste Management District, if it is added to
52-2 the district."
52-3 (i) The election shall be held after the 45th day and on or
52-4 before the 60th day after the date the election is ordered. The
52-5 election shall be ordered and notice of the election shall be given
52-6 in accordance with the Election Code. Section 41.001(a), Election
52-7 Code, does not apply to an election held under this section.
52-8 (j) The board shall file a copy of the election results with
52-9 the commission.
52-10 (k) The commissioners court of the annexed county shall
52-11 appoint two directors to serve on the district's board of
52-12 directors. The newly appointed directors shall draw lots to
52-13 determine their initial terms of office. One new director shall
52-14 serve an initial term that coincides with the terms of district
52-15 directors that expire within two years and the other director shall
52-16 serve a term that expires within two to four years.
52-17 Sec. 412.102. EXCLUSION FROM DISTRICT. (a) At any time
52-18 before the district incurs bonded or other long-term indebtedness,
52-19 the commissioners court of a county within the district may
52-20 petition the board to hold an election within the county to
52-21 determine if a majority of voters of that county want to exclude
52-22 the county from the district. On receipt of the petition, the
52-23 board shall enter an order authorizing the commissioners court to
52-24 call the election.
52-25 (b) After the issuance of bonds or other long-term
52-26 indebtedness, a county commissioners court may petition the board
52-27 to hold an election to determine if the county should be excluded
53-1 from the district. Before authorizing the commissioners court to
53-2 call an election for this purpose, the board must obtain adequate
53-3 legal and financial assurances that the county will assume and pay
53-4 to the district its proportionate share, based on assessed
53-5 valuation of taxable property in the county and district, of the
53-6 district's outstanding debt if the county withdraws from the
53-7 district. After obtaining assurances the board determines to be
53-8 adequate, the board shall enter an order authorizing the
53-9 commissioners court of that county to call an election in that
53-10 county to determine if the county should be excluded from the
53-11 district.
53-12 Sec. 412.103. ELECTION. (a) Exclusion of a county is final
53-13 when approved by a majority of the voters at an election held in
53-14 the county to be excluded. If the district has outstanding bonds
53-15 or other long-term obligations, the voters in the election to
53-16 approve the exclusion must also determine if the excluded county
53-17 will assume a duty to pay its proportion of the district's
53-18 outstanding indebtedness.
53-19 (b) The ballots for the election shall be printed to permit
53-20 voting for or against the proposition, as applicable: "The
53-21 exclusion of __________ County from the Upper Sabine Valley Solid
53-22 Waste Management District and assumption by the county of a duty to
53-23 pay its proportionate share of the outstanding indebtedness of the
53-24 district."
53-25 (c) The election shall be held after the 45th day and on or
53-26 before the 60th day after the date the election is ordered. The
53-27 election shall be ordered and notice of the election shall be given
54-1 in accordance with the Election Code. Section 41.001(a), Election
54-2 Code, does not apply to an election held under this section.
54-3 (d) The board shall file a copy of the election results with
54-4 the commission.
54-5 Sec. 412.104. CONTINUED OBLIGATION FOR INDEBTEDNESS. The
54-6 exclusion of a county under Section 412.102(b) does not relieve the
54-7 district of its obligation to perform and observe the covenants and
54-8 obligations or the conditions prescribed by the orders or
54-9 resolution authorizing the issuance of the district's bonds.
54-10 SECTION 2. The following are repealed:
54-11 (1) Chapter 1256, Acts of the 71st Legislature,
54-12 Regular Session, 1989;
54-13 (2) Chapter 670, Acts of the 72nd Legislature, Regular
54-14 Session, 1991 (Article 4477-7j, Vernon's Texas Civil Statutes); and
54-15 (3) Chapter 734, Acts of the 72nd Legislature, Regular
54-16 Session, 1991 (Article 4477-7k, Vernon's Texas Civil Statutes).
54-17 SECTION 3. The repeal of a law by this Act does not affect
54-18 an amendment of that law by the 74th Legislature, Regular Session,
54-19 1995. That amendment is preserved and given effect as part of this
54-20 Act.
54-21 SECTION 4. This Act takes effect September 1, 1995.
54-22 SECTION 5. The importance of this legislation and the
54-23 crowded condition of the calendars in both houses create an
54-24 emergency and an imperative public necessity that the
54-25 constitutional rule requiring bills to be read on three several
54-26 days in each house be suspended, and this rule is hereby suspended.