Tex. Health & Safety Code Section 363.117
Solid Waste Management Service Contracts


Under a solid waste management service contract, a public agency may:

(1)

acquire and operate all or any part of one or more solid waste management systems, including resource recovery systems;

(2)

contract with a person or other public agency to manage solid waste for that person or agency;

(3)

contract with a person to purchase or sell, by installments over a term considered desirable by the governing body or otherwise, all or any part of a solid waste management system, including a resource recovery system;

(4)

contract with a person or other public agency for the operation of all or any part of a solid waste management system, including a resource recovery system;

(5)

lease to or from a person or other public agency, for the term and on the conditions considered desirable by the governing body, all or any part of a solid waste management system, including a resource recovery system;

(6)

contract to make all or any part of a solid waste management system available to other persons or public agencies and furnish solid waste management services through the public agency’s system, provided the contract:

(A)

includes provisions to assure equitable treatment of parties who contract with the public agency for solid waste management services from all or any part of the same solid waste management system;

(B)

provides the method of determining the amounts to be paid by the parties;

(C)

provides that the public agency shall either operate or contract with a person to operate for the public agency a solid waste management system or part of a solid waste management system;

(D)

provides that the public agency is entitled to continued performance of the services after the amortization of the public agency’s investment in the solid waste management system during the useful life of the system on payment of reasonable charges for the services, reduced to take into consideration the amortization; and

(E)

includes any other provisions and requirements the public agency determines to be appropriate;

(7)

contract with another public agency or other persons for solid waste management services, including contracts for the collection and transportation of solid waste and for processing or disposal at a permitted solid waste management facility, including a resource recovery facility, provided the contract may specify:

(A)

the minimum quantity and quality of solid waste to be provided by the public agency; and

(B)

the minimum fees and charges to be paid by the public agency for the right to have solid waste processed or disposed of at the solid waste management facility;

(8)

contract with a person or other public agency to supply materials, fuel, or energy resulting from the operation of a resource recovery facility; and

(9)

contract with a person or other public agency to receive or purchase solid waste, materials, fuel, or energy recovered from resource recovery facilities.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Source: Section 363.117 — Solid Waste Management Service Contracts, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­363.­htm#363.­117 (accessed Apr. 29, 2024).

363.001
Short Title
363.002
Policy
363.003
Findings
363.004
Definitions
363.005
Application of Chapter
363.006
Construction of Chapter
363.007
Statutes Not Affected by Chapter
363.021
Commission Rulemaking Authority
363.022
Commission Powers and Duties
363.023
Application for Federal Funds
363.024
Disbursement of Federal Funds
363.041
Composition of Advisory Council
363.042
Terms
363.043
President
363.044
Payment of and Reimbursement for Expenses
363.045
Meetings
363.046
Duties
363.061
Commission Rules
363.062
Regional Solid Waste Management Plan
363.063
Local Solid Waste Management Plan
363.064
Contents of Regional or Local Solid Waste Management Plan
363.065
Planning Process
363.066
Conformity with Regional or Local Solid Waste Management Plan
363.067
Study Required for Resource Recovery or Other Solid Waste Management Systems
363.068
Screening Study
363.069
Feasibility Study
363.070
Implementation Study
363.091
Municipal Solid Waste Management Planning Fund
363.092
Planning Fund Use
363.093
Application for Financial Assistance
363.094
Municipal Solid Waste Resource Recovery Applied Research and Technical Assistance Fund
363.095
Use of Technical Assistance Fund
363.111
Adoption of Rules by Public Agency
363.112
Prohibition of Processing or Disposal of Solid Waste in Certain Areas
363.113
Establishment of Solid Waste Management Services
363.114
Resource Recovery Service
363.115
Tax Exempt Status of Certain Resource Recovery Systems
363.116
Authority to Enter Contracts Concerning Solid Waste Management Services
363.117
Solid Waste Management Service Contracts
363.118
Industrial Development Corporations
363.119
Funding Solid Waste Management Services
363.131
Authority to Issue Bonds
363.132
Terms
363.133
Bond Provisions
363.134
Approval and Registration
363.135
Bond Payment and Security
363.136
Bond Election
363.137
Other Security
363.138
Bond Sale and Exchange
363.139
Investment and Use of Proceeds
363.140
Refunding Bonds
363.141
Legal Investments
363.142
Tax Status of Bonds
363.143
Fees for Services
363.144
Adjustment of Rates for Adequate Revenue
363.145
Bond Anticipation Notes
363.0615
Responsibility for Regional Planning
363.0616
Preparation of Regional Plan by Other Public Agency in Certain Regions
363.0635
Schedule for Adoption of Plans

Accessed:
Apr. 29, 2024

§ 363.117’s source at texas​.gov