Tex.
Health & Safety Code Section 364.031
Public Agency Contracts
(a)
A public agency may contract with another public agency or a private contractor for the other public agency or private contractor to:(1)
make all or part of a solid waste disposal system available to a public agency, a group of public agencies, or other persons; and(2)
furnish solid waste collection, transportation, handling, storage, or disposal services through the other public agency’s or private contractor’s system.(b)
The contract may:(1)
be for the duration agreed on by the parties;(2)
provide that the contract remains in effect until bonds issued or to be issued by either public agency and refunding bonds issued for those original bonds are paid;(3)
contain provisions to assure equitable treatment of parties who contract with the other public agency or private contractor for solid waste collection, transportation, handling, storage, or disposal services from the same solid waste disposal system;(4)
provide for the sale or lease to or use by the other public agency or private contractor of a solid waste disposal system owned or to be acquired by the public agency;(5)
provide that the other public agency or private contractor will operate a solid waste disposal system owned or to be acquired by the public agency;(6)
provide that the public agency is entitled to continued performance of services after the amortization of the other public agency’s or private contractor’s investment in the disposal system during the useful life of the system on payment of reasonable charges, reduced to take into consideration the amortization; and(7)
contain any other provisions and requirements the other public agency or private contractor and the public agency determine to be appropriate or necessary.(c)
The contract must provide the method to determine the amount the public agency will pay to the other public agency or private contractor.(d)
A municipality may provide in its contract that the other public agency or private contractor has the right to use the streets, alleys, and public ways and places in the municipality during the term of the contract.(e)
This section does not expand the authority granted to a county under Section 364.013 (County Authority).
Source:
Section 364.031 — Public Agency Contracts, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.364.htm#364.031 (accessed Jun. 5, 2024).
