Tex. Health & Safety Code Section 363.003
Findings


The legislature finds that:

(1)

the growth of the state’s economy and population has resulted in an increase in discarded materials;

(2)

the improper management of solid waste creates hazards to the public health, can cause air and water pollution, creates public nuisances, and causes a blight on the landscape;

(3)

there is increasing public opposition to the location of solid waste land disposal facilities;

(4)

because some communities lack sufficient financial resources, municipal solid waste land disposal sites in the state are being improperly operated and maintained, causing potential health problems to nearby residents, attracting vectors, and creating conditions that destroy the beauty and quality of our environment;

(5)

often, operational deficiencies occur at rural solid waste land disposal sites operated by local governments that do not have the funds, personnel, equipment, and technical expertise to properly operate a disposal system;

(6)

many smaller communities and rural residents have no organized solid waste collection and disposal system, resulting in dumping of garbage and trash along the roadside, in roadside parks, and at illegal dump sites;

(7)

combining two or more small, inefficient operations into local, regional, or countywide systems may provide a more economical, efficient, and safe means for the collection and disposal of solid waste and will offer greater opportunities for future resource recovery;

(8)

there are private operators of municipal solid waste management systems with whom persons can contract or franchise their services, and many of those private operators possess the management expertise, qualified personnel, and specialized equipment for the safe collection, handling, and disposal of solid waste;

(9)

technologies exist to separate usable material from solid waste and to convert solid waste to energy, and it will benefit this state to work in cooperation with private business, nonprofit organizations, and public agencies that have acquired knowledge, expertise, and technology in the fields of energy production and recycling, reuse, reclamation, and collection of materials;

(10)

the opportunity for resource recovery is diminished unless local governments can exercise control over solid waste and can enter long-term contracts to supply solid waste to resource recovery systems or to operate those systems;

(11)

the control of solid waste collection and disposal should continue to be the responsibility of local governments and public agencies, but the problems of solid waste management have become a matter of state concern and require state financial assistance to plan and implement solid waste management practices that encourage the safe disposal of solid waste and the recovery of material and energy resources from solid waste; and

(12)

local governments should be encouraged to contract with waste management firms to meet the requirements of this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 1045, Sec. 11, eff. Sept. 1, 1993.

Source: Section 363.003 — Findings, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­363.­htm#363.­003 (accessed Jun. 5, 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:
Jun. 5, 2024

§ 363.003’s source at texas​.gov