Tex. Health & Safety Code Section 361.701
Definitions

In this subchapter:

(1)

“Extension of credit” includes a lease finance transaction:

(A)

in which the lessor does not initially select the leased solid waste facility and does not during the lease term control the daily operations or maintenance of the solid waste facility; or

(B)

that conforms with, as appropriate, regulations issued by:

(i)

the appropriate federal banking agency or the appropriate state bank supervisor, as those terms are defined by Section 3, Federal Deposit Insurance Act (12 U.S.C. Section 1813); or

(ii)

the National Credit Union Administration Board.

(2)

“Financial or administrative function” includes a function such as a function of a credit manager, accounts payable officer, accounts receivable officer, personnel manager, comptroller, or chief financial officer, or a similar function.

(3)

“Foreclosure” and “foreclose” mean, respectively, acquiring, and to acquire, a solid waste facility through:

(A)

purchase at sale under a judgment or decree, power of sale, or nonjudicial foreclosure sale;

(B)

a deed in lieu of foreclosure, or similar conveyance from a trustee;

(C)

repossession, if the solid waste facility was security for an extension of credit previously contracted;

(D)

conveyance under an extension of credit previously contracted, including the termination of a lease agreement; or

(E)

any other formal or informal manner by which the person acquires, for subsequent disposition, title to or possession of a solid waste facility in order to protect the security interest of the person.

(4)

“Lender” means:

(A)

an insured depository institution, as that term is defined by Section 3, Federal Deposit Insurance Act (12 U.S.C. Section 1813);

(B)

an insured credit union, as that term is defined by Section 101, Federal Credit Union Act (12 U.S.C. Section 1752);

(C)

a bank or association chartered under the Farm Credit Act of 1971 (12 U.S.C. Section 2001 et seq.);

(D)

a leasing or trust company that is an affiliate of an insured depository institution;

(E)

any person, including a successor or assignee of any such person, that makes a bona fide extension of credit to or takes or acquires a security interest from a nonaffiliated person;

(F)

the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Agricultural Mortgage Corporation, or any other entity that in a bona fide manner buys or sells loans or interests in loans;

(G)

a person that insures or guarantees against a default in the repayment of an extension of credit, or acts as a surety with respect to an extension of credit, to a nonaffiliated person;

(H)

a person that provides title insurance and that acquires a solid waste facility as a result of assignment or conveyance in the course of underwriting claims and claims settlement; and

(I)

an agency of this state that makes an extension of credit to or acquires a security interest from:

(i)

a federal or state agency;

(ii)

a county, municipality, or other body politic or corporate of this state, including:

(a)

a district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution;

(b)

an interstate compact commission to which this state is a party; or

(c)

a nonprofit water supply corporation created and operating under Chapter 67 (Nonprofit Water Supply or Sewer Service Corporations), Water Code; or

(iii)

another person.

(5)

“Operational function” includes a function such as that of a facility or plant manager, operations manager, chief operating officer, or chief executive officer.

(6)

“Security interest” includes a right under a mortgage, deed of trust, assignment, judgment lien, pledge, security agreement, factoring agreement, or lease and any other right accruing to a person to secure the repayment of money, the performance of a duty, or any other obligation by a nonaffiliated person.

(7)

“Solid waste facility”:

(A)

means:

(i)

all contiguous land, including structures, appurtenances, and other improvements on the land, used for processing, storing, or disposing of solid waste, including a publicly or privately owned solid waste facility consisting of several processing, storage, or disposal operational units such as one or more landfills, surface impoundments, or a combination of units; and

(ii)

any building, structure, installation, equipment, pipe, or pipeline, including any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft, or any site or area where a hazardous substance has been deposited, stored, disposed of, placed, or otherwise come to be located; and

(B)

does not include a:

(i)

consumer product in consumer use; or

(ii)

vessel.

Added by Acts 1997, 75th Leg., ch. 793, Sec. 15, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.30, eff. Sept. 1, 1999.

Source: Section 361.701 — Definitions, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.361.htm#361.701 (accessed Jun. 5, 2024).

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Tex. Health & Safety Code Section 361.701 Definitions

(1)

(A)

(B)

(i)

(ii)

(2)

(3)

(A)

(B)

(C)

(D)

(E)

(4)

(A)

(B)

(C)

(D)

(E)

(F)

(G)

(H)

(I)

(i)

(ii)

(a)

(b)

(c)

(iii)

(5)

(6)

(7)

(A)

(i)

(ii)

(B)

(i)

(ii)

Tex. Health & Safety Code Section 361.701
Definitions