VERNON'S TEXAS CIVIL STATUTES
CHAPTER 4A. SANITATION AND HEALTH PROTECTION
Art. 4477-7j. Gaines County Solid Waste Management Act
ARTICLE 1. GENERAL PROVISIONS
Purpose
Sec. 1.01. The purpose of this Act is to establish an
instrumentality to develop and carry out for Gaines County a
regional water quality protection program through solid waste
management and regulation of waste disposal in accordance with
state law.
Findings and declaration of policy
Sec. 1.02. (a) The legislature finds that:
(1) the quality of water in Gaines County may be materially affected
by the management of solid waste throughout the county;
(2) a countywide or regional effort to provide for the management of
solid waste in accordance with state and federal law is far more
effective than each incorporated or unincorporated community
providing solid waste management services;
(3) solid waste, as well as other waste, may impair water quality by
seepage or drainage; and
(4) creation of the Gaines County Solid Waste Management District
would advance the established policy of this state to maintain the
quality of the water in the state consistent with:
(A) the public health and public enjoyment;
(B) the propagation and protection of terrestrial and aquatic life;
(C) the operation of existing industries; and
(D) the economic development of the state.
(b) The legislature finds that this Act is in compliance with
Article XVI, Sections 59(d) and (e), of the Texas Constitution and
that the legislature has the power and authority to enact this Act.
(c) The legislature finds that all of the area included in the
district is benefited by the exercise of the power conferred by this
Act.
Definitions
Sec. 1.03. In this Act:
(1) "Board" means the board of directors of the district.
(2) "Commission" means the Texas Water Commission.
(3) "County" means Gaines County, Texas.
(4) "Department" means the Texas Department of Health.
(5) "Director" means a member of the board.
(6) "District" means the Gaines County Solid Waste Management
District created under this Act.
(7) "Industrial solid waste" has the meaning assigned by Section
361.003, Health and Safety Code.
(8) "Local government" means an incorporated municipality, a
county, or a water or other special district or authority acting
under Article III, Sections 52(b)(1) and (2), or Article XVI,
Section 59, of the Texas Constitution.
(9) "Municipal solid waste" has the meaning assigned by Section
361.003, Health and Safety Code.
(10) "Outside the district" means the area contained in counties
adjacent to the district.
(11) "Person" means an individual, public or private corporation,
political subdivision, governmental agency, municipality,
copartnership, association, firm, trust, estate, or any other legal
entity.
(12) "Resource recovery facility" means a facility used to store,
handle, sort, bail, recycle, process, and recover solid waste.
(13) "Rule" includes regulation.
(14) "Sewage" has the meaning assigned by Section 366.002, Health
and Safety Code.
(15) "Solid waste" has the meaning assigned by Section 361.003,
Health and Safety Code.
(16) "Solid waste management system" means a system for controlling
all aspects of the collection, handling, transportation,
processing, recovery, and disposal of solid waste.
(17) "Water" means groundwater, percolating or otherwise, lakes,
bays, ponds, springs, rivers, streams, creeks, and all other bodies
of surface water, natural or artificial, that are wholly or
partially within the district.
(18) "Water pollution" means the alteration of the physical,
chemical, or biological quality of or the contamination of water
that renders the water harmful, detrimental, or injurious to
humans, animal life, vegetation, or property, or to public health,
safety, or welfare, or that impairs the usefulness or the public
enjoyment of the water for any lawful or reasonable purpose.
ARTICLE 2. CREATION OF DISTRICT; INITIAL APPOINTMENT OF BOARD
Creation of district
Sec. 2.01. Pursuant to Article XVI, Section 59, of the Texas
Constitution, a conservation and reclamation district to be known
as the Gaines County Solid Waste Management District is created as a
governmental agency and body politic and corporate of the state.
Description
Sec. 2.02. The district's territory consists of the area within the
boundaries of Gaines County.
Appointment of initial directors
Sec. 2.03. (a) On or after the effective date of this Act, the
Commissioners Court of Gaines County shall appoint three persons,
the governing body of the city of Seminole shall appoint two
persons, and the governing body of the city of Seagraves shall
appoint two persons to serve as initial directors of the district.
The four persons appointed by the governing bodies of the cities of
Seminole and Seagraves shall represent the municipalities within
the county, and the three persons appointed by the Commissioners
Court of Gaines County shall represent the unincorporated areas of
the county. In addition, the board of regents of The University of
Texas System shall appoint one person to serve as an ex-officio,
nonvoting director of the district.
(b) A vacancy on the initial board shall be filled in the same
manner as the original appointment for the unexpired term.
(c) The Commissioners Court of Gaines County and the governing
bodies of the cities of Seminole and Seagraves shall each appoint
one initial director to serve a term expiring on May 1 of the first
year after the year in which the original appointment is made. In
addition, the Commissioners Court of Gaines County shall appoint
two initial directors and the governing bodies of the cities of
Seminole and Seagraves shall each appoint one initial director to
serve terms expiring on May 1 of the second year after the year in
which the original appointment is made. The initial ex-officio
member serves a term expiring on May 1 of the second year after the
year in which the original appointment is made. Successor
directors serve two-year terms.
Confirmation and tax election
Sec. 2.04. The directors shall call and hold an election within the
boundaries of the proposed district to determine if the proposed
district will be created and a tax authorized.
Notice of election
Sec. 2.05. (a) Notice of the confirmation and tax election shall
state the day and places for holding the election, the proposition
to be voted on, and list the appointed directors.
(b) The board shall publish the notice of the election one time in
one or more newspapers of general circulation in the proposed
district. The notice must be published before the 35th day before
the date set for the election.
Ballot proposition
Sec. 2.06. The ballot shall be printed to permit voting for or
against the proposition: "The creation of the Gaines County Solid
Waste Management District and the levy of a maintenance and
operating tax in an amount not to exceed five cents on each $100
valuation." The ballot shall include the names of the persons
appointed as directors for the district.
Canvassing returns
Sec. 2.07. (a) Immediately after the confirmation and tax election,
the presiding judge of each polling place shall deliver returns of
the election to the board, and the board shall canvass the returns
and declare the result.
(b) If a majority of the votes cast at the election favor creation
of the district, the board shall declare the district created and
shall enter the results in its minutes. If a majority of the votes
cast at the election are against the creation of the district, the
board shall declare that the creation of the district was defeated
and shall enter the results in its minutes. The board shall file a
copy of the election results with the commission.
(c) If a majority of the voters at the election vote against the
creation of the district, the board may call and hold additional
confirmation and tax elections, but another election to confirm
creation of the district may not be called and held by the board
before the first anniversary of the most recent confirmation and
tax election. If the creation of the district is not confirmed on
or before the fifth anniversary of the effective date of this Act,
this Act expires.
Bond proposition at creation election
Sec. 2.08. At an election to confirm creation of the district and
authorize the levy of taxes, the board may include a separate
proposition on the ballot to approve the issuance by the district of
bonds payable wholly or partially from property taxes. The notice
of the election under Section 2.05 of this Act must state the bond
proposition that is to appear on the ballot. The ballot shall be
printed to permit voting for or against the proposition: "The
issuance of bonds in the amount of $__________ payable wholly (or
partially) from property taxes for (STATE PURPOSE FOR WHICH BOND
PROCEEDS TO BE USED) and the levy of taxes in payment of those
bonds." If a majority of the voters at the election approve the
bond proposition, the board shall declare the result and enter it in
its minutes, and the district, if its creation is confirmed, may
issue the bonds in the amount authorized for the purpose authorized
and may levy and collect taxes necessary to pay the principal of and
interest on the bonds. If a majority of the voters at the election
do not approve the bond proposition, the temporary board shall
declare the result and enter it in its minutes, and the district, if
its creation is confirmed, may not issue the bonds payable in whole
or in part by property taxes. The board shall file a copy of the
bond election results with the commission.
ARTICLE 3. DISTRICT ADMINISTRATION
Board of directors
Sec. 3.01. (a) The district is governed by a board of directors
composed of seven voting members and one ex-officio nonvoting
member who are appointed as provided by this Act. However, the
district shall change to a system of electing the voting directors
if:
(1) the Commissioners Court of Gaines County and the governing
bodies of the cities of Seminole and Seagraves each pass a
resolution calling for the election of the directors; or
(2) the board receives a petition signed by at least 150 registered
voters of Gaines County calling for the election of the directors.
(b) If the resolution is passed or the petition presented to the
board as provided by Subsection (a) of this section, a directors'
election shall be held on the first Saturday in May that occurs
after the resolution is passed or the petition presented. The board
by order may postpone the election date for one year if:
(1) the election will occur within 60 days after the date the
resolution is passed or the petition is presented; or
(2) the board determines that there is not sufficient time to comply
with the requirements of law and to order the election.
(c) The change to a system of electing the voting directors does not
apply to or affect the ex-officio nonvoting director appointed by
the board of regents of The University of Texas System.
Method of election
Sec. 3.02. (a) If directors are elected, one director shall be
elected from each commissioner precinct and three directors shall
be elected from the district at large.
(b) At the initial election of directors, the candidate receiving
the highest number of votes from a commissioner precinct is the
director for that precinct, and the three candidates receiving the
highest number of votes from the district at large are the directors
for the district at large. If two or more persons tie for the
third-highest vote, the Commissioners Court of Gaines County shall
select the third member from those trying for the place.
(c) The candidates elected from the odd-numbered precincts and the
two candidates elected from the district at large who receive the
highest number of votes at the initial election serve for a term of
two years. The candidates elected from the even-numbered precincts
and the candidate elected from the district at large who receives
the third-highest number of votes at that election serve for a term
of one year.
(d) After the initial election of directors, an election shall be
held on the first Saturday in May each year and the appropriate
number of successor directors shall be elected for two-year terms.
Qualifications for office
Sec. 3.03. (a) To be eligible to be appointed as, to be a candidate
for, or to serve as a voting director, a person must be:
(1) a resident of the district; and
(2) a qualified voter.
(b) In addition to the qualifications required by Subsection (a) of
this section, a person who is elected from a commissioner precinct
or who is appointed to fill a vacancy for a commissioner precinct
must be a resident of that commissioner precinct.
(c) Each voting director must execute a bond in the amount of $5,000
with a corporate surety authorized to do business in this state and
conditioned on the faithful performance of the director's duties.
Application for election
Sec. 3.04. (a) A person who wishes to have the person's name printed
on the ballot at a directors' election as a candidate for director
shall file an application with the secretary of the district.
(b) The application must specify the commissioner precinct the
candidate wishes to represent or specify that the candidate wishes
to represent the district at large.
Beginning of director's term
Sec. 3.05. A director shall take office at the first regular meeting
of the board in May following the director's appointment or
election and qualification.
Vacancy on board
Sec. 3.06. (a) If the directors are appointed, a vacancy on the
board shall be filled in the same manner as the original appointment
for the unexpired term.
(b) If the directors are elected, the vacancy of an elected
director's position on the board shall be filled by appointment of
the remaining members of the board until the next election of
directors for the district. If that position is not scheduled to be
filled at that election, the person elected to fill the position
serves only for the remainder of the unexpired term.
Oath
Sec. 3.07. Each director shall file the statement and take the
constitutional oath of office required of state officers.
Organization of board
Sec. 3.08. (a) After each annual appointment or election of
directors, the board shall hold a regular meeting in May at the
district office and shall organize by electing from the members of
the board one person to serve as chairman, one person to serve as
vice-chairman, and one person to serve as secretary.
(b) A person selected to serve as chairman, vice-chairman, or
secretary serves in that capacity for a term of one year.
(c) The chairman shall preside over meetings of the board, and in
the chairman's absence the vice-chairman shall preside.
(d) The chairman, vice-chairman, and secretary shall perform the
duties and may exercise the powers specifically given them by this
Act or by orders of the board.
Meeting and actions of the board
Sec. 3.09. (a) The board shall meet at least one time each month and
may meet at any other time.
(b) A majority of the voting members of the board constitute a
quorum for the transaction of business of the district.
(c) Except as otherwise provided by this Act, the vote of a majority
of the voting directors is required for board action.
(d) The board shall adopt bylaws at its first meeting or as soon
after the first meeting as practicable. The board's bylaws must
prescribe the powers, duties, and procedures for removal from a
board office.
Other officers
Sec. 3.10. (a) The board may appoint a treasurer and an attorney for
the district.
(b) The persons appointed under this section are entitled to the
compensation provided by the district's budget.
(c) The person appointed as treasurer shall execute a bond in the
amount determined by the board, payable to the district,
conditioned on the faithful performance of the treasurer's duties.
The district shall pay for the bond.
Interest in contract
Sec. 3.11. A director who is financially interested in a contract to
be executed by the district for the purchase of property or the
construction of facilities shall disclose that fact to the other
directors and may not vote on the acceptance of the contract.
Director's compensation
Sec. 3.12. (a) A director is entitled to receive $25 a day and
reimbursement for actual and necessary expenses incurred:
(1) for each day the director attends meetings of the board; and
(2) for each day the director attends to the business of the
district that is authorized by board resolution or motion.
(b) A director is not entitled to receive a per diem allowance for
more than 30 days in any one calendar year.
General manager; personnel
Sec. 3.13. (a) The board may employ a general manager for a term and
salary set by the board.
(b) The general manager is the chief executive officer of the
district. Under policies established by the board, the general
manager is responsible to the board for:
(1) administering the directives of the board;
(2) keeping the district's records, including minutes of the
board's meetings;
(3) coordinating with state, federal, and local agencies;
(4) developing plans and programs for the board's approval;
(5) hiring, supervising, training, and discharging district
employees;
(6) contracting for or retaining technical, scientific, legal,
fiscal, and other professional services; and
(7) performing any other duty assigned to the general manager by the
board.
(c) The board may discharge the general manager on a majority vote
of all of the voting directors.
Director's and employee's bonds
Sec. 3.14. (a) The general manager and each employee of the district
charged with the collection, custody, or payment of any money of the
district shall execute a fidelity bond. The board shall approve the
form, amount, and surety of the bond.
(b) The district shall pay the premiums on the employees' bonds
under this section.
Principal office
Sec. 3.15. The district shall maintain its principal office inside
the district's boundaries.
Records
Sec. 3.16. (a) The district shall keep complete and accurate
accounts of its business transactions in accordance with generally
accepted methods of accounting.
(b) The district shall keep complete and accurate minutes of its
meetings.
(c) The district shall maintain its accounts, contracts, documents,
minutes, and other records at its principal office.
(d) Neither the board nor its employees may disclose a district
record that relates to trade secrets or the economics of an
industry's operations.
Contracts
Sec. 3.17. The board may enter into contracts for administration or
services as provided by this Act, and those contracts shall be
executed by the board in the name of the district.
Supervision of district
Sec. 3.18. The district is subject to the continuing right of
supervision by the state, in accordance with state law.
Suits; payment of judgments
Sec. 3.19. (a) The district may, through its board, sue and be sued
in any court of this state in the name of the district. Service of
process in a suit may be had by serving the general manager or other
officers appointed by the board.
(b) The courts of this state shall take judicial notice of the
creation of the district.
(c) A court of this state that renders a money judgment against the
district may require the board to pay the judgment from money in the
district depository that is not dedicated to the payment of any
indebtedness of the district.
Seal
Sec. 3.20. The board shall adopt a seal for the district and may
alter the form of the seal from time to time.
ARTICLE 4. DISTRICT POWERS AND DUTIES
General powers and duties
Sec. 4.01. (a) The district shall administer and enforce this Act
and shall use its facilities and powers to accomplish the purposes
of this Act.
(b) After notice and hearing, the board may adopt rules necessary to
carry out this Act. The board shall adopt rules providing
procedures for giving notice and holding hearings.
(c) The district shall prepare and adopt plans for and shall
purchase, obtain permits for, construct, acquire, own, operate,
maintain, repair, improve, and extend inside and outside the
boundaries of the district any works, improvements, landfills,
recycling facilities, waste-to-energy facilities, composting
facilities, transfer stations, storage sites, and other
facilities, plants, pipelines, equipment, and appliances necessary
to transport, process, dispose of, and control solid waste and to
protect groundwater within the district in accordance with state
law.
(d) The district shall acquire all permits required by state law
that are necessary to carry out this article.
(e) The district may conduct studies and research for the disposal
of solid waste and the protection of water within the district.
(f) The regulatory powers of the district under this Act extend to
every person within the district.
(g) Except as expressly limited by this Act, the district has all
powers, rights, and privileges necessary and convenient for
accomplishing the purposes of this Act conferred by general law on a
conservation and reclamation district created under Article XVI,
Section 59, of the Texas Constitution.
(h) Subject only to the authority vested in other entities by
general law, including those vested in the commission by Chapter
26, Water Code, and those vested in the department by Chapter 361,
Health and Safety Code, the district may control water pollution
within the district.
(i) The powers granted to the district by this Act are cumulative of
all powers granted by other laws that are by their terms applicable
to the district.
(j) The district may not provide solid waste collection services
without an interlocal agreement approved by the county, the city of
Seminole, and the city of Seagraves. However, the district shall
purchase equipment, facilities, containers, and other necessary
items for collection services if the district adopts a recycling
program.
(k) The district may not contract with a person outside the
boundaries of the district to provide to that person solid waste
management services or any other service authorized under this Act.
Gifts, grants, loans, and other funds
Sec. 4.02. To carry out any purposes or powers under this Act, the
district may apply for, accept, receive, and administer gifts,
grants, loans, and other funds available from any source.
Consultation, contracts, and cooperation with other governmental
agencies and entities
Sec. 4.03. To carry out any purposes or powers under this Act, the
district may advise, consult, contract, and cooperate with the
federal government and its agencies, the state and its agencies,
local governments, and private entities.
Acquisition of property
Sec. 4.04. The district may acquire by gift, grant, devise,
purchase, or lease any land, easements, rights-of-way, and other
property interests inside the district necessary to carry out the
powers and duties provided by this Act.
Eminent domain
Sec. 4.05. (a) The district may acquire land within the district for
the purposes authorized by Section 4.01(c) of this Act by
condemnation if the board determines, after notice and hearing,
that it is necessary.
(b) The district must exercise the power of eminent domain in the
manner provided by Chapter 21, Property Code, but the district is
not required to:
(1) deposit in the trial court money or a bond as provided by
Section 21.021(a), Property Code;
(2) pay in advance or give bond or other security for costs in the
trial court;
(3) give bond for the issuance of a temporary restraining order or a
temporary injunction; or
(4) give bond for costs or supersedeas on an appeal or writ of
error.
(c) If the district, in the exercise of the power of eminent domain,
requires relocating, raising, lowering, rerouting, changing the
grade, or altering the construction of any railroad, highway,
pipeline, or electric transmission and electric distribution,
telegraph or telephone lines, conduits, poles or facilities, the
district must bear the actual cost of relocating, raising,
lowering, rerouting, changing the grade, or altering the
construction to provide comparable replacement without enhancement
of facilities, after deducting the net salvage value derived from
the old facility.
Authority to enter into construction, renovation, and repair
contracts
Sec. 4.06. The district may contract with any person to construct,
renovate, or repair any of its works, improvements, or facilities,
or other plants, pipelines, equipment, and appliances and, from
time to time, make improvements to them.
Bids on contracts
Sec. 4.07. Contracts entered into under Section 4.06 of this Act
requiring an expenditure of more than $15,000 may be made only after
competitive bidding as provided by Subchapter B, Chapter 271, Local
Government Code.
Attachments to contracts
Sec. 4.08. A contract entered into under Section 4.06 of this Act
must contain, or have attached to it, the specifications, plans,
and details for work included in the contract, and work shall be
done according to those plans and specifications under the
supervision of the district.
Execution and availability of contracts
Sec. 4.09. (a) A contract entered into under Section 4.06 of this
Act must be in writing and signed by the contractor and a
representative of the district designated by the board.
(b) The contract shall be kept in the district's office and must be
available for public inspection.
Contractor's bond
Sec. 4.10. (a) A contractor shall execute a bond in an amount
determined by the board, not to exceed the contract price, payable
to the district and approved by the board, conditioned on the
faithful performance of the obligations, agreements, and covenants
of the contract.
(b) The bond must provide that if the contractor defaults on the
contract, the contractor will pay to the district all damages
sustained as a result of the default. The bond shall be deposited
in the district's depository, and a copy of the bond shall be kept
in the district's office.
Monitoring work
Sec. 4.11. (a) The board has control of construction, renovation,
or repairs being done for the district under a contract entered into
under Section 4.06 of this Act and shall determine whether or not
the contract is being fulfilled.
(b) The board shall have the construction, renovation, or repair
work inspected by engineers, inspectors, and personnel of the
district.
(c) During the progress of the work, the engineers, inspectors, and
personnel doing the inspections shall submit to the board written
reports that show whether or not the contractor is complying with
the contract.
(d) On completion of construction, renovation, or repair work, the
engineers, inspectors, and personnel shall submit to the board a
final detailed written report including information necessary to
show whether or not the contractor has fully complied with the
contract.
Payment for work
Sec. 4.12. (a) The district shall pay the contract price of
construction, renovation, or repair contracts in accordance with
this section.
(b) The district shall make progress payments under contracts
monthly as the work proceeds or at more frequent intervals as
determined by the board.
(c) If requested by the board, the contractor shall furnish an
analysis of the total contract price showing the amount included
for each principal category of the work, in such detail as
requested, to provide a basis for determining progress payments.
(d) In making progress payments, 10 percent of the estimated amount
shall be retained until final completion and acceptance of the
contract work. However, if the board, at any time after 50 percent
of the work has been completed, finds that satisfactory progress is
being made, it may authorize any of the remaining progress payments
to be made in full. Also, if the work is substantially complete,
the board, if it finds the amount retained to be in excess of the
amount adequate for the protection of the district, may release to
the contractor all or a portion of the excess amount.
(e) On completion and acceptance of each separate project, work, or
other division of the contract, on which the price is stated
separately in the contract, payment may be made without retention
of a percentage.
(f) When work is completed according to the terms of the contract,
the board shall draw a warrant on the depository to pay any balance
due on the contract.
Contracts for purchase of vehicles, equipment, and supplies over
$15,000
Sec. 4.13. (a) If the estimated amount of a proposed contract for
the purchase of vehicles, equipment, or supplies is more than
$15,000, the board shall ask for competitive bids as provided by
Section 4.07 of this Act.
(b) This section does not apply to purchase of property from public
agencies or to contracts for personal or professional services.
Entry on land
Sec. 4.14. (a) The directors, the engineer, and the employees of the
district may go on any land inside or outside the boundaries of the
district to make surveys and examine the land with reference to the
location of works, improvements, and waste disposal, treatment, and
other facilities, plants, pipelines, equipment, and appliances and
to attend to business of the district.
(b) Before a director, engineer, or employee enters on the land, the
landowner must grant written permission or five days' written
notice must be given to the landowner.
(c) If any activities of the district on the land cause damages to
the land or property, the land or property shall be restored as
nearly as possible to its original state. The district shall pay
the cost of the restoration.
Right to use road right-of-way
Sec. 4.15. (a) The district has a right-of-way along and across all
public state or county roads or highways; provided that a
governmental entity having jurisdiction of such right-of-way may
designate the place upon the right-of-way the facilities of the
district shall be installed and may require the relocation of the
facilities of the district to accommodate any widening or changing
of traffic lanes.
(b) The district may not proceed with any action to change, alter,
or damage facilities or property of the state without having first
obtained the written consent of the governmental entity having
control and jurisdiction of such facilities or property.
Fees and charges
Sec. 4.16. (a) The board may adopt and enforce all necessary
charges, fees, or rentals, in addition to taxes, for providing any
district facilities or services.
(b) The board may require a deposit for any services or facilities
furnished and may or may not provide that the deposit will bear
interest. The interest, if any, may accrue to the deposit or be
used to offset amounts due.
(c) The board may discontinue a facility or service to prevent an
abuse or enforce payment of an unpaid charge, fee, or rental due the
district, including taxes that have been due for not less than six
months.
Acquisition of existing facilities
Sec. 4.17. If the district acquires existing works, improvements,
facilities, plants, pipelines, equipment, and appliances that are
completed, partially completed, or under construction, the
district may assume the contracts and obligations of the previous
owner and perform the obligations of the previous owner in the same
manner and to the same extent that any other purchaser or assignee
would be bound.
Solid waste resource recovery facilities
Sec. 4.18. The district may construct or acquire and operate solid
waste resource recovery facilities inside the district.
Regulation of solid waste management
Sec. 4.19. The district shall comply with all standards, laws, and
rules relating to the operation for all aspects of solid waste
handling, including storage, collection, recycling, incineration,
sanitary landfill, or composting.
On-site sewage disposal systems
Sec. 4.20. (a) The district may apply to the department for
designation as an authorized agent to implement and enforce on-site
sewage disposal rules under Chapter 366, Health and Safety Code.
(b) If the district finds that due to the nature of the soil or
drainage in the area it is necessary to prevent water pollution that
may injure the public health, the district by rule may:
(1) provide limits on the number and kind of septic tanks in an area
defined by the rule;
(2) prohibit the use of septic tanks in the area; or
(3) prohibit the installation of new septic tanks in the area.
(c) The board shall consult the department and the commission
before the adoption of a rule under Subsection (b) of this section.
(d) The board may not issue a rule under Subsection (b) of this
section without first holding a public hearing in the area to be
affected by the rule.
Solid waste management contracts
Sec. 4.21. (a) Unless otherwise provided by this Act, the district
may contract to provide solid waste management services inside the
district.
(b) The district shall set fees in a contract under Subsection (a)
of this section after considering:
(1) the quality of the waste;
(2) the quantity of the waste;
(3) the difficulty encountered in treating or disposing of the
waste;
(4) operation and maintenance expenses and debt retirement
services; and
(5) any other reasonable considerations.
Areawide waste treatment
Sec. 4.22. The powers and duties conferred on the district are
granted subject to the state policy to encourage the development
and use of regional and integrated solid waste management systems
to serve the needs of the citizens of the state.
ARTICLE 5. DISTRICT FINANCES
Fiscal year
Sec. 5.01. (a) The district operates on the fiscal year established
by the board.
(b) The fiscal year may not be changed more than once in a 24-month
period.
Annual audit
Sec. 5.02. Annually, the board shall have an audit made of the
financial condition of the district.
Annual budget
Sec. 5.03. (a) The board shall prepare and approve an annual budget
for the district.
(b) The budget shall contain a complete financial statement,
including a statement of:
(1) the outstanding obligations of the district;
(2) the amount of cash on hand to the credit of each fund of the
district;
(3) the amount of money received by the district from all sources
during the previous year;
(4) the amount of money available to the district from all sources
during the ensuing year;
(5) the amount of the balances expected at the end of the year in
which the budget is being prepared;
(6) the estimated amount of revenues and balances available to
cover the proposed budget; and
(7) the estimated tax rate that will be required.
Amending budget
Sec. 5.04. After adoption, the annual budget may be amended on the
board's approval.
Limitation on expenditure
Sec. 5.05. Money may not be spent for an expense not included in the
annual budget or an amendment to it unless the board by order
declares the expense to be necessary.
Sworn statement
Sec. 5.06. As soon as practicable after the close of the fiscal
year, the treasurer of the district shall prepare for the board a
sworn statement of the amount of money that belongs to the district
and an account of the disbursements of that money.
Depository
Sec. 5.07. (a) The board shall name one or more banks to serve as
depository for district funds.
(b) District funds, other than those transmitted to a bank for
payment of bonds issued by the district, shall be deposited as
received with the depository bank and must remain on deposit. This
section does not limit the power of the board to invest the
district's funds as provided by Section 5.08 of this Act.
(c) Before the district deposits funds in a bank in an amount that
exceeds the maximum amount secured by the Federal Deposit Insurance
Corporation, the bank must execute a bond or provide other security
in an amount sufficient to secure from loss the district's funds
that exceed the amount secured by the Federal Deposit Insurance
Corporation.
Investments
Sec. 5.08. (a) Funds of the district may be invested and reinvested
by the board or its authorized representative in those investments
specified by Article 836 or 837, Revised Statutes, or the Public
Funds Investment Act of 1987 (Article 842a-2, Vernon's Texas Civil
Statutes).
(b) Funds of the district may be placed in certificates of deposit
of state or national banks or state or federal savings and loan
associations within the state provided that funds are secured in
the manner required for the security of the funds of counties of the
state.
(c) The board by resolution may provide that an authorized
representative of the district may invest and reinvest the funds of
the district and provide for money to be withdrawn from the
appropriate accounts of the district for investments on terms the
board considers advisable.
Payment of expenses
Sec. 5.09. (a) The district's directors may pay all costs and
expenses necessarily incurred in the creation, organization, and
operation of the district, legal fees, and other incidental
expenses and may reimburse any person for money advanced for those
purposes.
(b) Payments may be made from money obtained from the sale of bonds
issued by the district or out of taxes, fees, or other revenues of
the district.
Borrowing money
Sec. 5.10. The district may borrow money for any purpose authorized
under this Act or any combination of those purposes.
ARTICLE 6. BONDS
Authority to issue bonds
Sec. 6.01. The board may issue and sell bonds in the name of the
district to acquire land and construct works, improvements, and
waste disposal, treatment, and other facilities, plants,
pipelines, equipment, and appliances as provided by this Act.
Bond payment
Sec. 6.02. The board may provide for the payment of the principal of
and interest on the bonds:
(1) from the levy and collection of property taxes on all taxable
property within the district;
(2) by pledging all or part of the designated revenues from the
ownership or operation of the district's works, improvements, and
facilities; or
(3) from a combination of the sources listed by Subdivisions (1) and
(2) of this section.
Bond election
Sec. 6.03. (a) Bonds may not be issued by the district until
authorized by a majority vote of individuals qualified to vote and
actually voting in the area within the boundaries of the district at
an election called and held for that purpose.
(b) The board may order a bond election. The order calling the
election must state the nature and the date of the election, the
hours during which the polls will be open, the location of the
polling places, the amount of bonds to be authorized, and the
maximum maturity of the bonds.
(c) Notice of a bond election must be given as provided by the
Election Code.
(d) At an election to authorize bonds, the ballot must be printed to
provide for voting for or against the issuance of bonds and the levy
of property taxes for payment of the bonds.
(e) The board shall canvass the returns and declare the results of
the election. If a majority of the votes cast at the election favor
the issuance of the bonds, the bonds may be issued by the board, but
if a majority of the votes cast at the election do not favor
issuance of the bonds, the bonds may not be issued.
Terms; form
Sec. 6.04. (a) The district may issue its bonds in various series or
issues.
(b) Bonds may mature serially or otherwise not more than 50 years
after the date of issuance and shall bear interest at a rate
permitted by state law.
(c) The district's bonds and interest coupons, if any, are
investment securities under the terms of Chapter 8, Business &
Commerce Code, and may be issued registrable as to principal or as
to principal and interest or may be issued in book entry form and
may be made redeemable before maturity at the option of the district
or may contain a mandatory redemption provision.
(d) The district's bonds may be issued in the form, denominations,
and manner and under the terms, conditions, and details and shall be
signed and executed as provided by the board in the resolution or
order authorizing the bonds.
Bond provisions
Sec. 6.05. (a) In the orders or resolutions authorizing the
issuance of bonds, including refunding bonds, the board may provide
for the flow of funds, the establishment and maintenance of the
interest and sinking fund, the reserve fund, and other funds and may
make additional covenants with respect to the bonds and the pledged
fees.
(b) The orders or resolutions of the board authorizing the issuance
of bonds may prohibit the further issuance of bonds or other
obligations payable from the pledged fees or may reserve the right
to issue additional bonds to be secured by a pledge of and payable
from the fees on a parity with or subordinate to the pledge in
support of the bonds being issued.
(c) The orders or resolutions of the board issuing bonds may contain
other provisions and covenants as the board may determine.
(d) The board may adopt and have executed any other proceedings or
instruments necessary and convenient in the issuance of bonds.
Approval and registration
Sec. 6.06. (a) Bonds issued by the district and the records relating
to their issuance must be submitted to the attorney general for
examination as to their validity.
(b) If the attorney general finds that the bonds have been
authorized in accordance with the law, the attorney general shall
approve them, and the comptroller of public accounts shall register
the bonds.
(c) Following approval and registration, the bonds are
incontestable and are binding obligations according to their terms.
Refunding bonds
Sec. 6.07. (a) Refunding bonds of the district may be issued to
refund and pay off an outstanding indebtedness the district has
issued or assumed.
(b) The bonds must be issued in the manner provided by Chapter 784,
Acts of the 61st Legislature, Regular Session, 1969 (Article
717k-3, Vernon's Texas Civil Statutes).
(c) The refunding bonds may be sold and the proceeds applied to the
payment of outstanding indebtedness or may be exchanged in whole or
in part for not less than a similar principal amount of outstanding
indebtedness. If the refunding bonds are to be sold and the
proceeds applied to the payment of outstanding indebtedness, the
refunding bonds must be issued and payments made in the manner
provided by Chapter 503, Acts of the 54th Legislature, Regular
Session, 1955 (Article 717k, Vernon's Texas Civil Statutes).
Legal investments; security for deposits
Sec. 6.08. (a) District bonds are legal and authorized investments
for:
(1) a bank;
(2) a savings bank;
(3) a trust company;
(4) a savings and loan association;
(5) an insurance company;
(6) a fiduciary;
(7) a trustee;
(8) a guardian; and
(9) the sinking fund of a municipality, county, school district, or
other political subdivision of the state and other public funds of
the state and its agencies, including the permanent school fund.
(b) District bonds may secure deposits of public funds of the state
or a municipality, county, school district, or other political
subdivision of the state. The bonds are lawful and sufficient
security for deposits to the extent of their value, if accompanied
by all unmatured coupons.
Mandamus by bondholders
Sec. 6.09. In addition to all other rights and remedies provided by
law, if the district defaults in the payment of principal,
interest, or redemption price on its bonds when due or if it fails
to make payments into any fund or funds created in the orders or
resolutions authorizing the issuance of the bonds or defaults in
the observation or performance of any other covenants, conditions,
or obligations set forth in the orders or resolutions authorizing
the issuance of its bonds, the owners of any of the bonds are
entitled to a writ of mandamus issued by a court of competent
jurisdiction compelling and requiring the district and its
officials to observe and perform the covenants, obligations, or
conditions prescribed in the orders or resolutions authorizing the
issuance of the district's bonds.
Application of other laws
Sec. 6.10. Bonds of the district are considered bonds under the Bond
Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil
Statutes).
ARTICLE 7. TAXES
Tax status of bonds
Sec. 7.01. Since the district created under this Act is a public
entity performing an essential public function, bonds issued by the
district, any transaction relating to the bonds, and profits made
in the sale of the bonds are free from taxation by the state or by a
municipality, county, special district, or other political
subdivision of the state.
Levy of taxes
Sec. 7.02. (a) The board may annually levy taxes in the district in
an amount necessary to pay the principal of and interest on bonds
issued by the district and the expense of assessing and collecting
taxes.
(b) The district may annually levy and collect a maintenance and
operating tax in an amount not to exceed five cents on each $100 of
assessed valuation of property in the district to pay maintenance
and operating expenses of the district.
(c) The combined tax rate for all purposes may not exceed 10 cents
on each $100 of assessed valuation of property in the district.
Board authority
Sec. 7.03. (a) The board may levy taxes for the entire year in which
the district is created.
(b) The board shall levy taxes on all property within the boundaries
of the district subject to district taxation.
Tax rate
Sec. 7.04. In setting the tax rate, the board shall take into
consideration the income of the district from sources other than
taxation. On determination of the amount of tax required to be
levied, the board shall make the levy and certify it to the tax
collector.
Tax appraisal, assessment, and collection
Sec. 7.05. (a) The Tax Code governs the appraisal, assessment, and
collection of district taxes.
(b) The board may provide for the appointment of a tax collector for
the district or may contract for the collection of taxes as provided
by the Tax Code.
ARTICLE 8. CHANGE IN BOUNDARIES
Expansion of district territory
Sec. 8.01. (a) Registered voters of a defined territory that is not
included in the district may file a petition with the secretary of
the board requesting the inclusion of the territory in the
district. The petition must be signed by at least 50 registered
voters of the territory or a majority of those voters, whichever is
less.
(b) The board by order shall set a time and place to hold a hearing
on the petition to include the territory in the district. The board
shall set a date for the hearing that is after the 30th day after the
date the board issues the order.
(c) If after the hearing the board finds that annexation of the
territory into the district would be feasible and would benefit the
district, the board may approve the annexation by a resolution
entered in its minutes. The board is not required to include all of
the territory described in the petition if the board finds that a
modification or change is necessary or desirable.
(d) Annexation of territory is final when approved by a majority of
the voters at an election held in the district and by a majority of
the voters at a separate election held in the territory to be
annexed. If the district has outstanding debts or taxes, the voters
in the election to approve the annexation must also determine if the
annexed territory will assume its proportion of the debts or taxes
if added to the district.
(e) The election ballots shall be printed to provide for voting for
or against the following, as applicable:
(1) "Adding (description of territory to be added) to the Gaines
County Solid Waste Management District."
(2) "(Description of territory to be added) assuming its
proportionate share of the outstanding debts and taxes of the
Gaines County Solid Waste Management District, if it is added to the
district."
(f) The election shall be held after the 45th day and on or before
the 60th day after the date the election is ordered. The election
shall be ordered and notice of the election shall be given in
accordance with the Election Code. Section 41.001(a), Election
Code, does not apply to an election held under this section.
Acts 1991, 72nd Leg., ch. 670, Sec. 1, eff. June 16, 1991. Sec. 4.07
amended by Acts 1993, 73rd Leg., ch. 757, Sec. 31, eff. Sept. 1,
1993; Sec. 4.13 amended by Acts 1993, 73rd Leg., ch. 757, Sec. 32,
eff. Sept. 1, 1993.
Art. 4477-7k. Upper Sabine Valley Solid Waste Management District
Act
ARTICLE I. GENERAL PROVISIONS
Purpose
Sec. 1.01. The purpose of this Act is to establish an
instrumentality to develop and carry out a regional water quality
protection program through solid waste management and regulation of
waste disposal for the area encompassed by Upshur, Wood, and Rains
counties and by the portion of Smith County that is north of
Interstate Highway 20.
Findings and declaration of policy
Sec. 1.02. (a) The legislature finds that:
(1) the quality of water in East Texas is materially affected by the
disposal of waste throughout the region;
(2) a regional effort to study water pollution, plan corrective and
preventive measures, provide coordinated facilities for waste
disposal, and regulate waste disposal is far more effective than
efforts on a smaller scale;
(3) solid waste, as well as other waste, may impair water quality by
seepage or drainage; and
(4) creation of the Upper Sabine Valley Solid Waste Management
District would advance the established policy of this state to
maintain the quality of the water in the state consistent with:
(A) the public health and public enjoyment;
(B) the propagation and protection of terrestrial and aquatic life;
(C) the operation of existing industries; and
(D) the economic development of the state.
(b) The legislature finds that this Act is in compliance with
Article XVI, Sections 59(d) and (e), of the Texas Constitution and
that the legislature has the power and authority to enact this Act.
(c) The legislature finds that all of the area included in the
district is benefited by the exercise of the power conferred by this
Act.
Definitions
Sec. 1.03. In this Act:
(1) "Board" means the board of directors of the district.
(2) "Commission" means the Texas Water Commission.
(3) "Department" means the Texas Department of Health.
(4) "Director" means a member of the board.
(5) "District" means the Upper Sabine Valley Solid Waste Management
District created under this Act.
(6) "Industrial solid waste" has the meaning assigned by Section
361.003, Health and Safety Code.
(7) "Local government" means an incorporated municipality, a
county, or a water or other special district or authority acting
under Article III, Sections 52(b)(1) and (2), or Article XVI,
Section 59, of the Texas Constitution.
(8) "Municipal solid waste" has the meaning assigned by Section
361.003, Health and Safety Code.
(9) "Outside the district" means the area contained in counties
adjacent to the district.
(10) "Person" means an individual, public or private corporation,
political subdivision, governmental agency, municipality,
copartnership, association, firm, trust, estate, or any other legal
entity.
(11) "Resource recovery facility" means a facility used to store,
handle, sort, bail, recycle, process, and recover solid waste.
(12) "Rule" includes regulation.
(13) "Sewage" has the meaning assigned by Section 366.002, Health
and Safety Code.
(14) "Solid waste" has the meaning assigned by Section 361.003,
Health and Safety Code.
(15) "Solid waste management system" means a system for controlling
all aspects of the collection, handling, transportation,
processing, recovery, and disposal of solid waste.
(16) "Water" means groundwater, percolating or otherwise, lakes,
bays, ponds, springs, rivers, streams, creeks, and all other bodies
of surface water, natural or artificial, that are wholly or
partially within the district.
(17) "Water pollution" means the alteration of the physical,
chemical, or biological quality of or the contamination of water
that renders the water harmful, detrimental, or injurious to
humans, animal life, vegetation, or property, or to public health,
safety, or welfare, or that impairs the usefulness or the public
enjoyment of the water for any lawful or reasonable purpose.
ARTICLE II. CREATION OF DISTRICT
Creation of district
Sec. 2.01. Pursuant to Article XVI, Section 59, of the Texas
Constitution, a conservation and reclamation district to be known
as the Upper Sabine Valley Solid Waste Management District is
created as a governmental agency and body politic and corporate of
the state.
Description
Sec. 2.02. Except as provided by Section 2.07 of this Act, the
district's territory consists of the area within the boundaries of
Upshur, Wood, and Rains counties and that portion of Smith County
that is north of Interstate Highway 20.
Appointment of temporary directors
Sec. 2.03. (a) On or after the effective date of this Act, the
commissioners court of each county included in the proposed
district shall each appoint two persons to serve as temporary
directors of the district.
(b) Members of the temporary board serve until the persons selected
as directors under Section 3.06 of this Act have been appointed and
have qualified for office.
(c) A vacancy on the temporary board shall be filled by appointment
in the same manner as the original appointment.
Confirmation and tax elections
Sec. 2.04. (a) The temporary directors shall call and hold a
separate election in each county within the boundaries of the
proposed district to determine if the proposed district will be
created and a tax authorized. The elections shall be held on the
same day and within six months of the effective date of this Act.
(b) Section 41.001(a), Election Code, does not apply to a
confirmation and tax election held under this section.
Notice of election
Sec. 2.05. (a) Notice of the confirmation and tax elections shall
state the day and places for holding the elections and the
proposition to be voted on.
(b) The temporary board shall publish the notice of the elections
one time in one or more newspapers of general circulation in the
proposed district. The notice must be published before the 35th day
before the date set for the elections.
Ballot proposition
Sec. 2.06. The ballot for the elections shall be printed to permit
voting for or against the proposition: "The creation of the Upper
Sabine Valley Solid Waste Management District and the levy of a
maintenance and operating tax in an amount not to exceed three cents
on each $100 valuation."
Canvassing returns
Sec. 2.07. (a) Immediately after the confirmation and tax
elections, the presiding judge of each polling place shall deliver
returns of the elections to the temporary board, and the temporary
board shall canvass the returns and declare the results.
(b) If a majority of the votes cast at the election in one or more
counties favor creation of the district, the board shall declare
the district created and shall enter the results in its minutes. If
the election results are favorable in one or more counties, but not
in all counties, the temporary directors shall set the boundaries
of the district to include only the counties in which the vote was
favorable. If a majority of the votes cast at each election are
against the creation of the district, the board shall declare that
the creation of the district was defeated and shall enter the
results in its minutes. The board shall file a copy of the election
results with the commission.
(c) If a majority of the voters in each county vote against the
creation of the district, the board may call and hold additional
confirmation and tax elections, but another election to confirm
creation of the district may not be called and held by the board
before the first anniversary of the most recent confirmation and
tax elections. If the creation of the district is not confirmed on
or before the fifth anniversary of the effective date of this Act,
this Act expires.
ARTICLE III. DISTRICT ADMINISTRATION
Board of directors
Sec. 3.01. (a) The district is governed by a board of directors
composed of not fewer than six members who are appointed as provided
by this Act.
(b) If the district is composed of only one county, the
commissioners court of that county shall appoint six persons to
serve as directors.
(c) If the district is composed of two counties, the commissioners
court of each county included in the district shall each appoint
three persons to serve as directors.
(d) If the district is composed of three or more counties, the
commissioners court of each county included in the district shall
each appoint two persons to serve as directors.
(e) At least one of the directors appointed by each commissioners
court shall represent the interests of municipalities and of
unincorporated communities with a population of 1,000 or more,
according to the most recent federal decennial census, that are
located in that county.
Qualifications of directors
Sec. 3.02. (a) To be eligible to be appointed as or to serve as a
director, a person must be:
(1) 18 years of age or older;
(2) a qualified voter; and
(3) a resident of the county of the appointing commissioners court.
(b) If a member of a commissioners court or a municipal government
officer is appointed as a director, the member's or officer's
service as a director is considered an additional duty of the
member's or officer's existing office. The member or officer is not
entitled to a per diem allowance under Section 3.10 of this Act, but
is entitled to reimbursement for actual and necessary expenses
incurred in performing official duties as a director.
(c) Each director must execute a bond in the amount of $5,000 with a
corporate surety authorized to do business in this state and
conditioned on the faithful performance of the director's duties.
The district shall pay the premiums on the directors' bonds under
this section.
Term of office
Sec. 3.03. Except as provided by Sections 3.06 and 8.04 of this Act,
a director holds office for a term of four years and until the
director's successor has been appointed and has qualified.
Vacancy on board
Sec. 3.04. A vacancy on the board shall be filled in the same manner
as the original appointment for the unexpired term.
Oath
Sec. 3.05. Each director shall file the statement and take the
constitutional oath of office required of state officers.
Initial meeting and organization
Sec. 3.06. (a) As soon as possible after all directors have been
appointed and have qualified, the county judge of the county
included in the district that has the largest population shall call
a meeting of the board and shall preside at the meeting until the
directors have elected from the board's membership a chairman, a
vice-chairman, a secretary, and a treasurer.
(b) A person selected as an officer serves for a term of one year.
(c) At the initial meeting, the directors shall draw lots so that
one-half of the initial directors serve four-year terms that begin
on the date on which the initial meeting is held, and one-half of
the directors serve two-year terms that begin on that date.
(d) The board shall adopt bylaws at the initial meeting or as soon
after the initial meeting as practicable. The bylaws must
prescribe the powers, duties, and procedures for removal from a
board office.
Meeting and actions of board
Sec. 3.07. (a) Except as otherwise provided by law, the board shall
meet at least one time each quarter and may meet at any other time
provided by its bylaws.
(b) A majority of the members of the board constitute a quorum for
the transaction of business of the district.
(c) Except as otherwise provided by this Act, the vote of a majority
of directors is required for board action.
Attorney; treasurer's bond
Sec. 3.08. (a) The board may appoint an attorney for the district.
(b) The person appointed under this section is entitled to the
compensation provided by the district's budget.
(c) The person elected as treasurer under Section 3.06(a) of this
Act shall execute a bond in the amount determined by the board,
payable to the district, and conditioned on the faithful
performance of the treasurer's duties. The district shall pay for
the bond.
Interest in contract
Sec. 3.09. A director who is financially interested in a contract to
be executed by the district for the purchase of property or the
construction of facilities shall disclose that fact to the other
directors and may not vote on the acceptance of the contract.
Director's compensation
Sec. 3.10. (a) A director is entitled to receive $50 a day and
reimbursement for actual and necessary expenses incurred:
(1) for each day the director attends meetings of the board; and
(2) for each day the director attends to the business of the
district that is authorized by board resolution or motion.
(b) A director is not entitled to receive a per diem allowance for
more than 60 days in any one calendar year.
General manager; personnel
Sec. 3.11. (a) The board shall employ a general manager for a term
and salary set by the board.
(b) The general manager is the chief executive officer of the
district. Under policies established by the board, the general
manager is responsible to the board for:
(1) administering the directives of the board;
(2) keeping the district's records, including minutes of the
board's meetings;
(3) coordinating with state, federal, and local agencies;
(4) developing plans and programs for the board's approval;
(5) hiring, supervising, training, and discharging district
employees;
(6) contracting for or retaining technical, scientific, legal,
fiscal, and other professional services; and
(7) performing any other duty assigned to the general manager by the
board.
(c) The board may discharge the general manager on a majority vote
of the directors.
Employees' bonds
Sec. 3.12. (a) The general manager and each employee of the district
charged with the collection, custody, or payment of any money of the
district shall execute a fidelity bond. The board shall approve the
form, amount, and surety of the bond.
(b) The district shall pay the premiums on the employees' bonds
under this section.
Principal office
Sec. 3.13. The district shall maintain its principal office inside
the district's boundaries.
Records
Sec. 3.14. (a) The district shall keep complete and accurate
accounts of its business transactions in accordance with generally
accepted methods of accounting.
(b) The district shall keep complete and accurate minutes of its
meetings.
(c) The district shall keep its accounts, contracts, documents,
minutes, and other records at its principal office.
(d) Neither the board nor its employees may disclose a district
record that relates to trade secrets or the economics of an
industry's operations.
Contracts
Sec. 3.15. The board may enter into contracts as provided by this
Act, and those contracts shall be executed by the board in the name
of the district.
Supervision of district
Sec. 3.16. The district is subject to the continuing right of
supervision by the state in accordance with state law.
Suits; payments of judgments
Sec. 3.17. (a) The district may, through its board, sue and be sued
in any court of this state in the name of the district. Service of
process in a suit may be had by serving the general manager.
(b) The courts of this state shall take judicial notice of the
creation of the district.
(c) A court of this state that renders a money judgment against the
district may require the board to pay the judgment from money in the
district depository that is not dedicated to the payment of any
indebtedness of the district.
Seal
Sec. 3.18. The board shall adopt a seal for the district and may
alter the form of the seal from time to time.
ARTICLE IV. DISTRICT POWERS AND DUTIES
General powers and duties
Sec. 4.01. (a) The district shall administer and enforce this Act
and shall use its facilities and powers to accomplish the purposes
of this Act.
(b) After notice and hearing, the board may adopt rules necessary to
carry out this Act. The board shall adopt rules providing
procedures for giving notice and holding hearings.
(c) The district may prepare and adopt plans for and may purchase,
construct, acquire, own, operate, maintain, repair, improve, and
extend inside and outside the boundaries of the district any works,
improvements, waste disposal, treatment, and other facilities,
plants, pipelines, equipment, and appliances necessary to collect,
transport, process, dispose of, and control domestic, industrial,
and communal waterborne and solid waste within the district.
(d) The district shall acquire all permits required by state law
that are necessary to carry out this article.
(e) The district shall conduct studies and research for the control
of water pollution and waste disposal within the district, shall
cooperate with the department and commission in any studies, and
shall use the results of those studies.
(f) The regulatory powers of the district under this Act extend to
every person within the district.
(g) Except as expressly limited by this Act, the district has all
powers, rights, and privileges necessary and convenient for
accomplishing the purposes of this Act conferred by general law on a
conservation and reclamation district created under Article XVI,
Section 59, of the Texas Constitution, including specifically all
powers, rights, and privileges conferred by Subtitle B, Title 5,
Health and Safety Code, on a local or regional government.
(h) The powers granted to the district by this Act are cumulative of
all powers granted by other laws that are by their terms applicable
to the district.
(i) The district may enter into cooperative agreements with local
governments and other political subdivisions to jointly operate
solid waste management activities and to charge reasonable fees for
those services.
Gifts, grants, loans, and other funds
Sec. 4.02. To carry out any purposes or powers under this Act, the
district may apply for, accept, receive, and administer gifts,
grants, loans, and other funds available from any source.
Consultation, contracts, and cooperation with other governmental
agencies and entities
Sec. 4.03. To carry out any purposes or powers under this Act, the
district may advise, consult, contract, and cooperate with the
federal government and its agencies, the state and its agencies,
local governments, and private entities.
Acquisition of property
Sec. 4.04. The district may acquire by gift, grant, devise,
purchase, lease, or eminent domain any land, easements,
rights-of-way, and other property interests necessary to carry out
the powers and duties provided by this Act.
Eminent domain
Sec. 4.05. (a) The district may acquire land for the purposes
authorized by Section 4.01(c) of this Act by condemnation if the
board determines, after notice and hearing, that it is necessary.
(b) The district must exercise the power of eminent domain in the
manner provided by Chapter 21, Property Code, but the district is
not required to:
(1) deposit in the trial court money or a bond as provided by
Section 21.021(a), Property Code;
(2) pay in advance or give bond or other security for costs in the
trial court;
(3) give bond for the issuance of a temporary restraining order or a
temporary injunction; or
(4) give bond for costs or supersedeas on an appeal or writ of
error.
(c) If the district, in the exercise of the power of eminent domain,
requires relocating, raising, lowering, rerouting, changing the
grade, or altering the construction of any railroad, highway,
pipeline, or electric transmission and electric distribution,
telegraph, or telephone lines, conduits, poles or facilities, the
district must bear the actual cost of relocating, raising,
lowering, rerouting, changing the grade, or altering the
construction to provide comparable replacement without enhancement
of facilities, after deducting the net salvage value derived from
the old facility.
Authority to enter into construction, renovation, and repair
contracts
Sec. 4.06. The district may contract with any person to construct,
renovate, or repair any of its works, improvements, waste disposal,
treatment, or other facilities, plants, pipelines, equipment, and
appliances and, from time to time, make improvements to them.
Bids on contracts
Sec. 4.07. Contracts entered into under Section 4.06 of this Act
requiring an expenditure of more than $15,000 may be made only after
competitive bidding as provided by Subchapter B, Chapter 271, Local
Government Code.
Attachments to contracts
Sec. 4.08. A contract entered into under Section 4.06 of this Act
must contain, or have attached to it, the specifications, plans,
and details for work included in the contract, and work shall be
done according to those plans and specifications under the
supervision of the district.
Execution and availability of contracts
Sec. 4.09. (a) A contract entered into under Section 4.06 of this
Act must be in writing and signed by the contractor and a
representative of the district designated by the board.
(b) The contract shall be kept in the district's office and must be
available for public inspection.
Contractor's bond
Sec. 4.10. (a) A contractor shall execute a bond in an amount
determined by the board, not to exceed the contract price, payable
to the district and approved by the board, conditioned on the
faithful performance of the obligations, agreements, and covenants
of the contract.
(b) The bond must provide that if the contractor defaults on the
contract, the contractor will pay to the district all damages
sustained as a result of the default. The bond shall be deposited
in the district's depository, and a copy of the bond shall be kept
in the district's office.
Monitoring work
Sec. 4.11. (a) The board has control of construction, renovation,
or repairs being done for the district under a contract entered into
under Section 4.06 of this Act and shall determine whether or not
the contract is being fulfilled.
(b) The board shall have the construction, renovation, or repair
work inspected by engineers, inspectors, and personnel of the
district.
(c) During the progress of the work, the engineers, inspectors, and
personnel doing the inspections shall submit to the board written
reports that show whether or not the contractor is complying with
the contract.
(d) On completion of construction, renovation, or repair work, the
engineers, inspectors, and personnel shall submit to the board a
final detailed written report including information necessary to
show whether or not the contractor has fully complied with the
contract.
Payments for work
Sec. 4.12. (a) The district shall pay the contract price of
construction, renovation, or repair contracts in accordance with
this section.
(b) The district shall make progress payments under contracts
monthly as the work proceeds or at more frequent intervals as
determined by the board.
(c) If requested by the board, the contractor shall furnish an
analysis of the total contract price showing the amount included
for each principal category of the work, in the detail requested, to
provide a basis for determining progress payments.
(d) In making progress payments, 10 percent of the estimated
amounts shall be retained until final completion and acceptance of
the contract work. However, if the board, at any time after 50
percent of the work has been completed, finds that satisfactory
progress is being made, it may authorize any of the remaining
progress payments to be made in full. Also, if the work is
substantially complete, the board, if it finds the amount retained
to be in excess of the amount adequate for the protection of the
district, may release to the contractor all or a portion of the
excess amount.
(e) On completion and acceptance of each separate project, work, or
other division of the contract on which the price is stated
separately in the contract, payment may be made without retention
of a percentage.
(f) When work is completed according to the terms of the contract,
the board shall draw a warrant on the depository to pay any balance
due on the contract.
Contracts for purchase of vehicles, equipment, and supplies over
$15,000
Sec. 4.13. (a) If the estimated amount of a proposed contract for
the purchase of vehicles, equipment, or supplies is more than
$15,000, the board shall ask for competitive bids as provided by
Section 4.07 of this Act.
(b) This section does not apply to purchase of property from public
agencies or to contracts for personal or professional services.
Entry on land
Sec. 4.14. (a) The directors, the engineer, and the employees of the
district may go on any land inside or outside the boundaries of the
district to make surveys and examine the land with reference to the
location of works, improvements, and waste disposal, treatment, and
other facilities, plants, pipelines, equipment, and appliances,
and to attend to business of the district.
(b) Before a director, engineer, or employee enters on the land,
five days' written notice must be given to the landowner.
(c) If any activities of the district on the land cause damages to
the land or property, the land or property shall be restored as
nearly as possible to its original state. The district shall pay
the cost of the restoration.
Right to use road right-of-way
Sec. 4.15. (a) The district has a right-of-way along and across all
public state or county roads or highways; provided that a
governmental entity having jurisdiction of such right-of-way may
designate the place upon the right-of-way the facilities of the
district shall be installed and may require the relocation of the
facilities of the district to accommodate any widening or changing
of traffic lanes.
(b) The district may not proceed with any action to change, alter,
or damage facilities or property of the state without having first
obtained the written consent of the governmental entity having
control and jurisdiction of such facilities or property.
Fees and charges
Sec. 4.16. (a) The board may adopt and enforce all necessary
charges, fees, or rentals in addition to taxes for providing any
district facilities or services.
(b) The board may require a deposit for any services or facilities
furnished and may or may not provide that the deposit will bear
interest.
(c) The board may discontinue a facility or service to prevent an
abuse or enforce payment of an unpaid charge, fee, or rental due the
district, including taxes that have been due for not less than six
months.
Acquisition of existing facilities
Sec. 4.17. If the district acquires existing works, improvements,
and waste disposal, treatment, and other facilities, plants,
pipelines, equipment, and appliances that are completed, partially
completed, or under construction, the district may assume the
contracts and obligations of the previous owner and perform the
obligations of the previous owner in the same manner and to the same
extent that any other purchaser or assignee would be bound.
Solid waste resource recovery or recycling facilities
Sec. 4.18. The district may construct or acquire and operate solid
waste resource recovery or recycling facilities.
Regulation of solid waste disposal
Sec. 4.19. (a) The district shall establish minimum standards of
operation for all aspects of solid waste handling, including
storage, collection, incineration, recycling, sanitary landfill,
and composting.
(b) Before establishing the standards, the district shall:
(1) hold public hearings after giving public notice in the time and
manner prescribed by board rule;
(2) consult with the commission, the Texas Air Control Board, and
the department to ensure that the standards are not inconsistent
with established criteria; and
(3) find that the standards are reasonably necessary to protect the
public health or welfare from water pollution or other environment
harm.
(c) To amend standards, the district shall follow the same
procedures required for establishing standards.
(d) The district may make rules reasonably necessary to implement
solid waste disposal standards.
(e) The district may assume the exclusive authority to exercise the
powers granted to a county under Section 361.165, Health and Safety
Code, including the power to issue licenses and exercise municipal
solid waste management authority. If the district elects to
exercise the licensing authority granted under this subsection, it
must adopt and enforce rules for the management of municipal solid
waste. The rules must be compatible with and at least as stringent
as those of the department and must be approved by the department.
On-site sewage disposal systems
Sec. 4.20. (a) The district may apply to the department for
designation as an authorized agent to implement and enforce on-site
sewage disposal rules under Chapter 366, Health and Safety Code.
(b) If the district finds that due to the nature of the soil or
drainage in the area it is necessary to prevent water pollution that
may injure the public health, the board by rule may:
(1) provide limits on the number and kind of septic tanks in an area
defined by the rule;
(2) prohibit the use of septic tanks in the area; or
(3) prohibit the installation of new septic tanks in the area.
(c) The board shall consult with the department and the commission
before the adoption of a rule under Subsection (b) of this section.
(d) The board may provide in the order for a gradual and systematic
reduction of the number or kind of septic tanks in the area and, by
rule, may provide for a system of licensing and issuing permits for
the installation of new septic tanks in the area affected, in which
event a person may not install septic tanks in the area without a
license or permit from the board.
(e) The board may not issue a rule under Subsection (b) of this
section without first holding a public hearing in the area to be
affected by the rule.
Acquisition, construction, and operation of disposal systems
Sec. 4.21. The district may:
(1) acquire and provide by purchase, gift, or lease any disposal
systems inside or outside the district;
(2) construct and provide disposal systems inside or outside the
district;
(3) operate and sell any disposal systems that it constructs or
acquires;
(4) contract with a person to operate and maintain a disposal system
belonging to the person; and
(5) contract with a person to train or supervise employees of a
disposal system.
Waste disposal contracts
Sec. 4.22. (a) The district may contract to receive and to treat or
dispose of waste from a person in the district.
(b) The district shall set fees in a contract under Subsection (a)
of this section after considering:
(1) the quality of the waste;
(2) the quantity of the waste;
(3) the difficulty encountered in treating or disposing of the
waste;
(4) operation and maintenance expenses and debt retirement
services; and
(5) any other reasonable considerations.
Area-wide waste treatment
Sec. 4.23. The powers and duties conferred on the district are
granted subject to the state policy to encourage the development
and use of integrated area-wide waste collection, treatment, and
disposal systems to serve the waste disposal needs of the citizens
of the state, it being an objective of the policy to avoid the
economic burden to the people and the impact on the quality of the
water in the state that result from the construction and operation
of numerous small waste collection, treatment, and disposal
facilities to serve an area when an integrated area-wide waste
collection, treatment, and disposal system for the area can be
reasonably provided.
ARTICLE V. DISTRICT FINANCES
Fiscal year
Sec. 5.01. (a) The district operates on the fiscal year established
by the board.
(b) The fiscal year may not be changed more than once in a 24-month
period.
Annual audit
Sec. 5.02. Annually, the board shall have an audit made of the
financial condition of the district.
Annual budget
Sec. 5.03. (a) The board shall prepare and approve an annual budget
for the district.
(b) The budget shall contain a complete financial statement,
including a statement of:
(1) the outstanding obligations of the district;
(2) the amount of cash on hand to the credit of each fund of the
district;
(3) the amount of money received by the district from all sources
during the previous year;
(4) the amount of money available to the district from all sources
during the ensuing year;
(5) the amount of the balances expected at the end of the year in
which the budget is being prepared;
(6) the estimated amount of revenues and balances available to
cover the proposed budget; and
(7) the estimated tax rate that will be required.
Amending budget
Sec. 5.04. After adoption, the annual budget may be amended on the
board's approval.
Limitation on expenditures
Sec. 5.05. Money may not be spent for an expense not included in the
annual budget or an amendment to it unless the board by order
declares the expense to be necessary.
Sworn statement
Sec. 5.06. As soon as practicable after the close of the fiscal
year, the treasurer of the district shall prepare for the board a
sworn statement of the amount of money that belongs to the district
and an account of the disbursements of that money.
Depository
Sec. 5.07. (a) The board shall name one or more banks to serve as
depository for district funds.
(b) District funds, other than those transmitted to a bank for
payment of bonds issued by the district, shall be deposited as
received with the depository bank and must remain on deposit. This
section does not limit the power of the board to invest the
district's funds as provided by Section 5.08 of this Act.
(c) Before the district deposits funds in a bank in an amount that
exceeds the maximum amount secured by the Federal Deposit Insurance
Corporation, the bank must execute a bond or provide other security
in an amount sufficient to secure from loss the district's funds
that exceed the amount secured by the Federal Deposit Insurance
Corporation.
Investments
Sec. 5.08. (a) Funds of the district may be invested and reinvested
by the board or its authorized representative in those investments
specified by Article 836 or 837, Revised Statutes, or the Public
Funds Investment Act of 1987 (Article 842a-2, Vernon's Texas Civil
Statutes).
(b) Funds of the district may be placed in certificates of deposit
of state or national banks or state or federal savings and loan
associations within the state provided that funds are secured in
the manner required for the security of the funds of counties of the
state.
(c) The board by resolution may provide that an authorized
representative of the district may invest and reinvest the funds of
the district and provide for money to be withdrawn from the
appropriate accounts of the district for investments on terms the
board considers advisable.
Payment of expenses
Sec. 5.09. (a) The district's directors may pay all costs and
expenses necessarily incurred in the creation, organization, and
operation of the district, legal fees, and other incidental
expenses and may reimburse any person for money advanced for those
purposes.
(b) Payments may be made from money obtained from the sale of bonds
issued by the district or out of taxes, fees, or other revenues of
the district.
Borrowing money
Sec. 5.10. The district may borrow money for any purpose authorized
under this Act or any combination of those purposes.
ARTICLE VI. BONDS
Authority to issue bonds
Sec. 6.01. The board may issue and sell bonds in the name of the
district to acquire land and construct works, improvements, and
waste disposal, treatment, and other facilities, plants,
pipelines, equipment, and appliances as provided by this Act.
Bond payment
Sec. 6.02. The board may provide for the payment of the principal of
and interest on the bonds:
(1) from the levy and collection of property taxes on all taxable
property within the district;
(2) by pledging all or part of the designated revenues from the
ownership or operation of the district's works, improvements, and
facilities; or
(3) from a combination of the sources listed by Subdivisions (1) and
(2) of this section.
Bond election
Sec. 6.03. (a) Bonds may not be issued by the district until
authorized by a majority vote of individuals qualified to vote and
actually voting in the area within the boundaries of the district at
an election called and held for that purpose.
(b) The board may order a bond election. The order calling the
election must state the nature and the date of the election, the
hours during which the polls will be open, the location of the
polling places, the amount of bonds to be authorized, and the
maximum maturity of the bonds.
(c) Notice of a bond election must be given as provided by the
Election Code.
(d) At an election to authorize bonds, the ballot must be printed to
provide for voting for or against the issuance of bonds and the levy
of property taxes for payment of the bonds.
(e) The board shall canvass the returns and declare the results of
the election. If a majority of the votes cast at the election favor
the issuance of the bonds, the bonds may be issued by the board, but
if a majority of the votes cast at the election do not favor
issuance of the bonds, the bonds may not be issued.
Terms; form
Sec. 6.04. (a) The district may issue its bonds in various series or
issues.
(b) Bonds may mature serially or otherwise not more than 50 years
after the date of issuance and shall bear interest at a rate
permitted by state law.
(c) The district's bonds and interest coupons, if any, are
investment securities under the terms of Chapter 8, Business &
Commerce Code, and may be issued registrable as to principal or as
to principal and interest or may be issued in book entry form and
may be made redeemable before maturity at the option of the district
or may contain a mandatory redemption provision.
(d) The district's bonds may be issued in the form, denominations,
and manner and under the terms, conditions, and details and shall be
signed and executed as provided by the board in the resolution or
order authorizing the bonds.
Bond provisions
Sec. 6.05. (a) In the orders or resolutions authorizing the
issuance of bonds, including refunding bonds, the board may provide
for the flow of funds, the establishment and maintenance of the
interest and sinking fund, the reserve fund, and other funds and may
make additional covenants with respect to the bonds and the pledged
fees.
(b) The orders or resolutions of the board authorizing the issuance
of bonds may prohibit the further issuance of bonds or other
obligations payable from the pledged fees or may reserve the right
to issue additional bonds to be secured by a pledge of and payable
from the fees on a parity with or subordinate to the pledge in
support of the bonds being issued.
(c) The orders or resolutions of the board issuing bonds may contain
other provisions and covenants as the board may determine.
(d) The board may adopt and have executed any other proceedings or
instruments necessary and convenient in the issuance of bonds.
Approval and registration
Sec. 6.06. (a) Bonds issued by the district and the records relating
to their issuance must be submitted to the attorney general for
examination as to their validity.
(b) If the attorney general finds that the bonds have been
authorized in accordance with the law, the attorney general shall
approve them, and the comptroller of public accounts shall register
the bonds.
(c) Following approval and registration, the bonds are
incontestable and are binding obligations according to their terms.
Refunding bonds
Sec. 6.07. (a) Refunding bonds of the district may be issued to
refund and pay off an outstanding indebtedness the district has
issued or assumed.
(b) The bonds must be issued in the manner provided by Chapter 784,
Acts of the 61st Legislature, Regular Session, 1969 (Article
717k-3, Vernon's Texas Civil Statutes).
(c) The refunding bonds may be sold and the proceeds applied to the
payment of outstanding indebtedness or may be exchanged in whole or
in part for not less than a similar principal amount of outstanding
indebtedness. If the refunding bonds are to be sold and the
proceeds applied to the payment of outstanding indebtedness, the
refunding bonds must be issued and payments made in the manner
provided by Chapter 503, Acts of the 54th Legislature, Regular
Session, 1955 (Article 717k, Vernon's Texas Civil Statutes).
Legal investments, security for deposits
Sec. 6.08. (a) District bonds are legal and authorized investments
for:
(1) a bank;
(2) a savings bank;
(3) a trust company;
(4) a savings and loan association;
(5) an insurance company;
(6) a fiduciary;
(7) a trustee;
(8) a guardian; and
(9) the sinking fund of a municipality, county, school district, or
other political subdivision of the state and other public funds of
the state and its agencies, including the permanent school fund.
(b) District bonds may secure deposits of public funds of the state
or a municipality, county, school district, or other political
subdivision of the state. The bonds are lawful and sufficient
security for deposits to the extent of their value, if accompanied
by all unmatured coupons.
Mandamus by bondholders
Sec. 6.09. In addition to all other rights and remedies provided by
law, if the district defaults in the payment of principal,
interest, or redemption price on its bonds when due or if it fails
to make payments into any fund or funds created in the orders or
resolutions authorizing the issuance of the bonds or defaults in
the observation or performance of any other covenants, conditions,
or obligations set forth in the orders or resolutions authorizing
the issuance of its bonds, the owners of any of the bonds are
entitled to a writ of mandamus issued by a court of competent
jurisdiction compelling and requiring the district and its
officials to observe and perform the covenants, obligations, or
conditions prescribed in the orders or resolutions authorizing the
issuance of the district's bonds.
Application of other laws
Sec. 6.10. Bonds of the district are considered bonds under the Bond
Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil
Statutes).
ARTICLE VII. TAXES
Tax status of bonds
Sec. 7.01. Since the district created under this chapter is a public
entity performing an essential public function, bonds issued by the
district, any transaction relating to the bonds, and profits made
in the sale of the bonds are free from taxation by the state or by a
municipality, county, special district, or other political
subdivision of the state.
Levy of taxes
Sec. 7.02. (a) The board may annually levy taxes in the district in
an amount necessary to pay the principal of and interest on bonds
issued by the district and the expense of assessing and collecting
taxes.
(b) The district may levy and collect a maintenance and operating
tax in an amount not to exceed three cents on each $100 of assessed
valuation of property in the district to pay maintenance and
operating expenses of the district.
Board authority
Sec. 7.03. (a) The board may levy taxes for the entire year in which
the district is created.
(b) The board shall levy taxes on all property within the boundaries
of the district subject to district taxation.
Tax rate
Sec. 7.04. In setting the tax rate, the board shall take into
consideration the income of the district from sources other than
taxation. On determination of the amount of tax required to be
levied, the board shall make the levy and certify it to the tax
collector.
Tax appraisal, assessment, and collection
Sec. 7.05. (a) The Tax Code governs the appraisal, assessment, and
collection of district taxes.
(b) The board may provide for the appointment of a tax collector for
the district or may contract for the collection of taxes as provided
by the Tax Code.
ARTICLE VIII. ANNEXATION OF ADJACENT COUNTIES
Annexation of territory
Sec. 8.01. The board may annex the territory within the boundaries
of an adjacent county in the manner provided by this article.
Petition
Sec. 8.02. To initiate annexation proceedings, the commissioners
court of the adjacent county must petition the board requesting the
board to call an annexation election for the territory within the
petitioner's county. The petition must be in writing and be
endorsed by a majority of the members of the commissioners court.
Hearing
Sec. 8.03. (a) On receipt of the petition, the board shall set a
time and place to hold a hearing on the petition. The board shall
set a date for the hearing that is not later than the 20th day after
the date on which the board receives the petition.
(b) The board shall publish notice of the place, time, date, and
purpose of the hearing in one or more newspapers with general
circulation in the district and in the county to be annexed. This
notice is in addition to the notice required under the open meetings
law, Chapter 271, Acts of the 60th Legislature, Regular Session,
1967 (Article 6252-17, Vernon's Texas Civil Statutes).
(c) Any person may testify at the hearing for or against annexation
of the county to the district.
(d) At the conclusion of the hearing, the board shall determine if
an election should be held in the county to be annexed to determine
if the county should be annexed to the district.
(e) Annexation of a county is final when approved by a majority of
the voters at an election held in the county to be annexed. If the
district has outstanding debts or taxes, the voters in the election
to approve the annexation must also determine if the annexed county
will assume its proportion of the debts or taxes if added to the
district. An election in the existing district accepting the
addition of the county is not required.
(f) The election ballots shall be printed to provide for voting for
or against the following, as applicable:
(1) "Adding (description of county to be added) to the Upper Sabine
Valley Solid Waste Management District."
(2) "(Description of county to be added) assuming its proportionate
share of the outstanding debts and taxes of the Upper Sabine Valley
Solid Waste Management District, if it is added to the district."
(g) The election shall be held after the 45th day and on or before
the 60th day after the date the election is ordered. The election
shall be ordered and notice of the election shall be given in
accordance with the Election Code. Section 41.001(a), Election
Code, does not apply to an election held under this section.
(h) The board shall file a copy of the election results with the
commission.
Appointment of directors
Sec. 8.04. (a) The commissioners court of the annexed county shall
appoint two directors to serve on the district's board of
directors.
(b) The newly appointed directors shall draw lots to determine
their initial terms of office. One new director shall serve an
initial term that coincides with the terms of district directors
that expire within two years and the other director shall serve a
term that expires within two to four years.
ARTICLE IX. EXCLUSIONS
Exclusion from district
Sec. 9.01. (a) At any time before the district incurs bonded or
other long term indebtedness, the commissioners court of a county
within the district may petition the board to hold an election
within the county to determine if a majority of voters of that
county want to exclude the county from the district. On receipt of
the petition, the board shall enter an order authorizing the
commissioners court to call the election.
(b) After the issuance of bonds or other long term indebtedness, a
county commissioners court may petition the board to hold an
election to determine if the county should be excluded from the
district. Before authorizing the commissioners court to call an
election for this purpose, the board must obtain adequate legal and
financial assurances that the county will assume and pay to the
district its proportionate share, based on assessed valuation of
taxable property in the county and district, of the district's
outstanding debt if the county withdraws from the district. After
obtaining assurances the board determines to be adequate, the board
shall enter an order authorizing the commissioners court of that
county to call an election in that county to determine if the county
should be excluded from the district.
Election
Sec. 9.02. (a) Exclusion of a county is final when approved by a
majority of the voters at an election held in the county to be
excluded. If the district has outstanding bonds or other long term
obligations, the voters in the election to approve the exclusion
must also determine if the excluded county will assume a duty to pay
its proportion of the district's outstanding indebtedness.
(b) The ballots for the election shall be printed to provide for
voting for or against the proposition, as applicable: "The
exclusion of __________ County from the Upper Sabine Valley Solid
Waste Management District and assumption by the county of a duty to
pay its proportionate share of the outstanding indebtedness of the
district."
(c) The election shall be held after the 45th day and on or before
the 60th day after the date the election is ordered. The election
shall be ordered and notice of the election shall be given in
accordance with the Election Code. Section 41.001(a), Election
Code, does not apply to an election held under this section.
(d) The board shall file a copy of the election results with the
commission.
Continued obligation for indebtedness
Sec. 9.03. The exclusion of a county under Section 9.01(b) does not
relieve the district of its obligation to perform and observe the
covenants and obligations or the conditions prescribed by the
orders or resolution authorizing the issuance of the district's
bonds.
Acts 1991, 72nd Leg., ch. 734, Sec. 1, eff. Aug. 26, 1991. Sec. 4.07
amended by Acts 1993, 73rd Leg., ch. 757, Sec. 33, eff. Sept. 1,
1993; Sec. 4.13 amended by Acts 1993, 73rd Leg., ch. 757, Sec. 34,
eff. Sept. 1, 1993; Sec. 3.07 amended by Acts 2003, 78th Leg., ch.
657, Sec. 1, eff. Sept. 1, 2003.
