WATER CODE
CHAPTER 30. REGIONAL WASTE DISPOSAL
SUBCHAPTER A. GENERAL PROVISIONS
§ 30.001. SHORT TITLE. This chapter may be cited as the
Regional Waste Disposal Act.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.002. PURPOSE. The purpose of this chapter is to
authorize public agencies to cooperate for the safe and economical
collection, transportation, treatment, and disposal of waste in
order to prevent and control pollution of water in the state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.003. DEFINITIONS. In this chapter:
(1) "City" means any incorporated city or town,
whether operating under general law or under its home-rule charter.
(2) "District" means any district or authority created
and existing under Article XVI, Section 59 or Article III, Section
52 of the Texas Constitution, including any river authority.
(3) "Public agency" means any district, city, or other
political subdivision or agency of the state which has the power to
own and operate waste collection, transportation, treatment, or
disposal facilities or systems, and any joint board created under
the provisions of Subchapter D or E, Chapter 22, Transportation
Code.
(4) "River authority" means any district or authority
created by the legislature which contains an area within its
boundaries of one or more counties and which is governed by a board
of directors appointed or designated in whole or in part by the
governor, or by the Texas Water Development Board, including
without limitation the San Antonio River Authority.
(5) "River basins" and "coastal basins" mean the river
basins and coastal basins now defined and designated by the Texas
Water Development Board as separate units for the purposes of water
development and inter-watershed transfers, and as they are made
certain by contour maps on file in the offices of the Texas Water
Development Board, including but not limited to the rivers and
their tributaries, streams, water, coastal water, sounds,
estuaries, bays, lakes and portions of them, as well as the lands
drained by them.
(6) "Waste" means sewage, industrial waste, municipal
waste, recreational waste, agricultural waste, waste heat, or other
waste that may cause impairment of the quality of water in the
state, including storm waters.
(7) The terms "sewage," "municipal waste,"
"recreational waste," "agricultural waste," "industrial waste,"
"other waste," "pollution," "water," or "water in the state," and
"local government" shall have the meanings defined in Section
26.001 of this code.
(8) "Sewer system" means pipelines, conduits, storm
sewers, canals, pumping stations, force mains, and all other
constructions, devices, and appurtenant appliances used to
transport waste.
(9) "Treatment facility" means any devices and systems
used in the storage, treatment, recycling, and reclamation of waste
to implement Chapter 26 of this code or necessary to recycle or
reuse water at the most economical cost over the estimated life of
the works, including intercepting sewers, outfall sewers, pumping,
power, and other equipment and their appurtenances; extensions,
improvements, remodeling, additions, and alterations thereof;
elements essential to provide a reliable recycled supply, such as
standby treatment units and clear well facilities; any works,
including sites therefor and acquisition of the land that will be
part of or used in connection with the treatment process or is used
for ultimate disposal of residues resulting from such treatment;
and any plant, disposal field, lagoon, canal, incinerator, area
devoted to sanitary landfills, or other facilities installed for
the purpose of treating, neutralizing, or stabilizing waste or
facilities to provide for the collection, control, and disposal of
waste heat.
(10) "Disposal system" means any system for disposing
of waste, including sewer systems and treatment facilities.
(11) "Canal" means a man-made navigable channel or
waterway of at least two miles in length.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1979, 66th Leg., p. 2185, ch. 834, § 3, eff.
Aug. 27, 1979; Acts 1985, 69th Leg., ch. 795, § 1.133, eff.
Sept. 1, 1985; Acts 1997, 75th Leg., ch. 165, § 30.276, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1057, § 8, eff. June 20,
2003.
§ 30.004. CUMULATIVE EFFECT OF CHAPTER. (a) This
chapter is cumulative of other statutes governing the Texas Water
Development Board and the Texas Natural Resource Conservation
Commission relating to:
(1) the issuance of bonds;
(2) the collection, transportation, treatment, or
disposal of waste; and
(3) the design, construction, acquisition, or
approval of facilities for these purposes.
(b) The powers granted to districts and public agencies by
this chapter are additional to and cumulative of the powers granted
by other laws. This chapter is full authority for any district or
public agency to enter into contracts authorized by it and for any
district to authorize and issue bonds under its provisions without
reference to the provisions of any other law or charter. No other
law or charter provision which limits, restricts, or imposes
additional requirements on matters authorized by this chapter shall
apply to any action or proceeding under this chapter unless
expressly provided to the contrary in this chapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.134, eff.
Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 1.069,
eff. Aug. 12, 1991; Acts 1995, 74th Leg., ch. 76, § 11.302, eff.
Sept. 1, 1995.
§ 30.005. CONSTRUCTION OF CHAPTER. The terms and
provisions of this chapter shall be liberally construed to
accomplish its purposes.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
SUBCHAPTER B. REGIONAL WASTE DISPOSAL SYSTEMS
§ 30.021. DISPOSAL SYSTEM. A district may acquire,
construct, improve, enlarge, extend, repair, operate, and maintain
one or more disposal systems.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.022. PURCHASE AND SALE OF FACILITIES. A district
may contract with any person to purchase or sell by installments
over such term as considered desirable any waste collection,
transportation, treatment, or disposal facilities or systems.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.023. LEASE OF FACILITIES. A district may lease to
or from any person for such term and on such conditions as may be
considered desirable any waste collection, transportation,
treatment, or disposal facilities or systems.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.024. OPERATING AGREEMENTS. A district may make
operating agreements with any person for such terms and on such
conditions as may be considered desirable for the operation of any
waste collection, transportation, treatment, or disposal
facilities or systems of any person by the district.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.025. WASTE DISPOSAL CONTRACTS BY DISTRICT. A
district may make contracts with any person, including any public
agency located inside or outside the boundaries of the district,
under which the district will collect, transport, treat, or dispose
of waste for the person.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.026. CONTRACTS BY RIVER AUTHORITY. Each river
authority may make contracts authorized by this chapter with any
person, including any public agency situated wholly or partly
inside its boundaries and any public agency situated wholly or
partly inside the river basin and any public agency situated wholly
or partly inside the coastal basins adjoining its boundaries, but a
river authority may not make contracts to serve a public agency
situated wholly inside the boundaries of another river authority or
to serve facilities of a person situated wholly within the
boundaries of another river authority, except with the consent of
the other river authority.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.027. CONTRACT WITH PUBLIC AGENCY. A public agency
may make contracts with a district under which the district will
make a disposal system available to the public agency and will
furnish waste collection, transportation, treatment, and disposal
services to the public agency, group of public agencies, or other
persons through the district's disposal system.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.028. CONTRACT PROVISIONS. (a) The contract may
provide for:
(1) duration of the contract for a specified period or
until issued and unissued bonds and refunding bonds of the district
are paid;
(2) assuring equitable treatment of parties who
contract with the district for waste collection, transportation,
treatment, and disposal services from the same disposal system;
(3) requiring the public agency to regulate the
quality and strength of waste to be handled by the disposal system;
(4) sale or lease to or use by a district of all or part
of a disposal system owned or to be acquired by the public agency;
(5) the district operating all or part of a disposal
system owned or to be acquired by the public agency; and
(6) other terms the district or the governing body of
the public agency consider appropriate or necessary.
(b) The contract shall specify the method for determining
the amounts to be paid by the public agency to the district.
(c) A contract made by a city may provide that the district
shall have the right to use the streets, alleys, and public ways and
places inside the city during the term of the contract.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.029. CONTINUED USE OF DISTRICT FACILITIES. After
amortization of the district's investment in the disposal system,
the public agency is entitled to continued performance of the
service during the useful life of the disposal system, on payment of
reasonable charges reduced to take into consideration the
amortization.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.030. SOURCE OF CONTRACT PAYMENTS. (a) A public
agency may pay for the waste collection, transportation, treatment,
and disposal services with income from its waterworks system,
sanitary sewer system, or both systems, or its combined water and
sanitary sewer system, as prescribed by the contract. In the
alternative, a joint board defined as a public agency in Section
30.003, Subdivision (3), may pay for these services from any
revenue or other funds within its control specified in the contract
if the city councils of the cities which created the joint board
approve, by ordinance, the contract between the joint board and the
district. These payments constitute an operating expense of each
system whose revenue is so used.
(b) The obligation of contract payments on the income of the
public agency's water system is subordinate to the obligation
imposed by any bonds that are payable solely from the water system
net revenue and that are outstanding at the time the contract is
made, unless the ordinance or resolution authorizing the bonds
expressly reserved the right to give the contract payments a
priority over the bond requirements.
(c) If a public agency having taxing power holds an election
substantially according to the applicable provisions of Chapter
1251, Government Code, relating to the issuance of bonds by cities
and it is determined that the public agency is authorized to levy an
ad valorem tax to make all or part of the payments under a contract
with a district, then the contract is an obligation against the
taxing power of the public agency to the extent authorized, and
payments under the contract may be payable from and constitute
solely an obligation against the taxing powers of the city or may be
payable both from taxes and from revenue prescribed in the
contract. Otherwise, neither the district nor the holders of the
district's bonds are entitled to demand payment of the public
agency's obligation out of any tax revenue.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 2001, 77th Leg., ch. 1420, § 8.419, eff.
Sept. 1, 2001.
§ 30.031. RATES. (a) When all or part of the payments
under a contract are to be made from revenue of the waterworks
system, sanitary sewer system, both systems, or a combination of
both systems, the public agency shall establish, maintain, and
periodically adjust the rates charged for services of the systems,
so that the revenue, along with any taxes levied in support of the
indebtedness, will be sufficient to pay:
(1) the expenses of operating and maintaining the
systems;
(2) the obligations to the district under the
contract; and
(3) the obligations of bonds that are secured by
revenue of the systems.
(b) The contract may require the use of consulting engineers
and financial experts to advise the public agency on the need for
adjusting rates.
(c) Notwithstanding any provision of this chapter or any
other law to the contrary, a district may use the proceeds of bonds
issued for the purpose of constructing a waste disposal system or
systems, and payable wholly or in part from ad valorem taxes, for
the purchase of capacity in, or a right to have the wastes of the
district treated in, a waste collection, treatment, or disposal
system and facilities owned or to be owned exclusively or in part by
another public agency, and a district may issue bonds payable
wholly or in part from ad valorem taxes specifically for such
purpose if a majority of the resident electors of the district have
authorized the governing body of the district to issue bonds for
that purpose or for the purpose of constructing a waste disposal
system or systems. The bonds shall be issued in accordance with the
provisions of, and shall be subject to the same terms and conditions
of, the laws authorizing the district to issue bonds for the purpose
of constructing waste collection, treatment, and disposal systems,
except as otherwise provided in this subsection.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.032. SERVICE TO MORE THAN ONE PUBLIC AGENCY. A
contract or group of contracts may provide for the district to
render services concurrently to more than one person through
constructing and operating a disposal system and may provide that
the cost of these services be allocated among the persons as
provided in the contract or group of contracts.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.033. PROPERTY ACQUIRED BY CONDEMNATION OR
OTHERWISE. (a) To accomplish the purposes of this chapter, a
district may acquire by purchase, lease, gift, or in any other
manner all or any interest in property inside or outside the
boundaries of the district and may own, maintain, use, and operate
it.
(b) To accomplish the purposes of the chapter, a district
may exercise the power of eminent domain to acquire all or any
interest in property inside or outside the boundaries of the
district. The power shall be exercised according to the laws
applicable or available to the district.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.034. COST OF RELOCATING, ALTERING, ETC. If a
district makes necessary the relocating, raising, rerouting,
changing the grade of, or altering the construction of any highway,
railroad, electric transmission line, pipeline, or telephone or
telegraph properties or facilities in the exercise of powers
granted under this chapter, the district shall pay all of the actual
cost of the relocating, raising, rerouting, changing in grade, or
altering of construction and shall pay all of the actual cost of
providing comparable replacement of facilities without
enhancement, less the net salvage value of the facilities.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.035. ELECTIONS. No election is required for the
exercise of any power under this chapter except for the tax levy as
provided by Section 30.030(c) of this code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
SUBCHAPTER C. DISTRICT REVENUE BONDS
§ 30.051. ISSUANCE OF BONDS. In order to acquire,
construct, improve, enlarge, extend, or repair disposal systems,
the district may issue bonds secured by a pledge of all or part of
the revenue from any contract entered into under this chapter and
other income of the district.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.052. FORM, DENOMINATION, INTEREST RATE. The
governing body of the district shall prescribe the form,
denomination, and rate of interest for the bonds.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.053. REFUNDING BONDS. A district may refund any
bonds issued under this chapter on the terms and conditions and at
the rate of interest the governing body prescribes.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.054. SALE OR EXCHANGE OF BONDS. A district may
sell bonds issued under this chapter at public or private sale at
the price or prices and on the terms determined by the governing
body, or it may exchange the bonds for property or any interest in
property of any kind considered necessary or convenient to the
purposes authorized in this chapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.055. INTERIM BONDS. Pending the issuance of
definitive bonds, a district may issue negotiable interim bonds or
obligations eligible for exchange or substitution by use of
definitive bonds.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.056. ATTORNEY GENERAL'S EXAMINATION. (a) After
issuance of the bonds is authorized, the bonds and the record
relating to their issuance may be submitted to the attorney general
for examination.
(b) When the bonds recite that they are secured by a pledge
of the proceeds from a contract between the district and a public
agency, a copy of the contract and the proceedings of the public
agency authorizing the contract may also be submitted to the
attorney general.
(c) If the attorney general finds that the bonds are
authorized and that the contract is made in accordance with the
constitution and laws of this state, he shall approve the bonds and
the contract.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.057. REGISTRATION BY COMPTROLLER. After the bonds
have been approved by the attorney general, they shall be
registered by the state comptroller.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.058. VALIDATION SUIT. (a) Instead of or in
addition to obtaining the approval of the attorney general, the
district may have the bonds validated by suit in the district court
as provided in Chapter 1205, Government Code.
(b) The governing body of the district may wait until after
termination of the validation suit to fix the interest rate and sale
price of the bonds.
(c) If the proposed bonds recite that they are secured by
the proceeds of a contract between the district and a public agency,
the petition shall so allege, and the notice of the suit shall
mention this allegation and shall specify the public agency's funds
or revenues from which the contract payments are to be made.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 2001, 77th Leg., ch. 1420, § 8.420, eff.
Sept. 1, 2001.
§ 30.059. BONDS INCONTESTABLE. After the bonds are
approved by the attorney general and registered with the
comptroller, the bonds and the contract are incontestable.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.060. NEGOTIABLE INSTRUMENTS. Bonds issued under
this subchapter are negotiable instruments.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.061. INVESTMENT SECURITIES UNDER UNIFORM
COMMERCIAL CODE. Bonds issued under this subchapter are
investment securities governed by Chapter 8, Uniform Commercial
Code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.062. BONDS AS AUTHORIZED INVESTMENTS. Bonds
issued under this chapter are legal and authorized investments for
banks, savings banks, trust companies, building and loan
associations, savings and loan associations, insurance companies,
fiduciaries, and trustees, and for the sinking funds of cities,
towns, villages, school districts, and other political
corporations or subdivisions of the state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.063. SECURITY FOR DEPOSITS. The bonds are eligible
to secure deposits of any public funds of the state or any political
subdivision of the state and are lawful and sufficient security for
the deposits to the extent of their value when accompanied by
unmatured coupons attached to the bonds.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.064. FUNDS SET ASIDE FROM BOND PROCEEDS. The
district may set aside out of the proceeds from the sale of bonds:
(1) interest to accrue on the bonds and administrative
expenses to the estimated date when the disposal system will become
revenue producing; and
(2) reserve funds created by the resolution
authorizing the bonds.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.065. INVESTMENT OF PROCEEDS. Pending their use,
proceeds from the sale of bonds may be invested in securities or
time deposits as specified in the resolution authorizing the
issuance of the bonds or the trust indenture securing the bonds.
The earnings on these investments shall be applied as provided in
the resolution or trust indenture.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.066. RATES AND CHARGES. While any bonds are
outstanding, the governing body of the district shall fix,
maintain, and collect for services furnished or made available by
the disposal system rates and charges adequate to:
(1) pay maintenance and operating costs of and
expenses allocable to the disposal system;
(2) pay the principal of and interest on the bonds;
and
(3) provide and maintain the funds created by the
resolution authorizing the bonds.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
SUBCHAPTER D. RIVER AUTHORITY PLANNING
§ 30.101. AUTHORIZATION OF REGIONAL PLANS. Each river
authority may prepare regional plans for water quality management,
control, and abatement of pollution in any segment of its river
basin and adjoining coastal basins which:
(1) are consistent with any applicable water quality
standards established under current law within the river basin;
(2) recommend disposal systems which will provide the
most effective and economical means of collection, storage,
treatment, and purification of waste, and means to encourage rural,
municipal, and industrial use of the works and systems; and
(3) recommend maintenance and improvement of water
quality standards within the river basin and methods of adequately
financing the facilities necessary to implement the plan.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.102. PLANNING IN RELATED FIELDS. River
authorities may conduct planning in related or affected fields
reasonably necessary to give meaning to the water quality
management and pollution control planning carried out under this
subchapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.103. JOINT PLANNING. (a) River authorities may
join in the performance of planning functions with any district or
public agency and enter into planning agreements for the term and on
the conditions considered desirable to provide coordinated
planning on a basin-wide scale, including adjacent coastal basins.
(b) River authorities may provide for river basin planning
committees as entities with powers, responsibilities, functions,
and duties conferred by mutual agreement.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.104. COORDINATION WITH OTHER PLANNING AGENCIES. A
river authority performing planning functions under this
subchapter shall coordinate its efforts and cooperate with other
public planning agencies having significant planning interests in
any segment of the river basin in or for which the planning is being
conducted by the river authority.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.105. FINANCIAL ASSISTANCE. River authorities may
make applications and enter into contracts for financial assistance
in comprehensive planning which are appropriate under Section 3(c)
of the Federal Water Pollution Control Act, as amended under 33
U.S.C. Section 1926 et seq., under 40 U.S.C. Section 461 et seq.,
and under any other relevant statutes.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 30.106. SUPERVISION BY TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION. The Texas Natural Resource Conservation
Commission is authorized to exercise continuing supervision on
behalf of the state of comprehensive plans prepared under this
chapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.135, eff.
Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 1.070,
eff. Aug. 12, 1991.
