Sec. 361.165. POLITICAL SUBDIVISIONS WITH JURISDICTION IN TWO OR MORE COUNTIES. (a) This section applies to a political subdivision of the state that:
(1) has jurisdiction of territory in more than one county; and
(2) has been granted the power by the legislature to regulate solid waste handling or disposal practices or activities in its jurisdiction.
(b) The governing body of the political subdivision may, by resolution, assume for the political subdivision the exclusive authority to exercise, in the area subject to its jurisdiction, the powers granted by this chapter to a county, to the exclusion of the exercise of the same powers by the counties otherwise having jurisdiction over the area.
(c) In the exercise of those powers, the political subdivision is subject to the same duties, limitations, and restrictions applicable to a county under this chapter.
(d) A political subdivision that assumes the authority granted under this section:
(1) serves as the coordinator of all solid waste management practices and activities for municipalities, counties, and other governmental entities in its jurisdiction that have solid waste management regulatory powers or engage in solid waste management practices or activities; and
(2) shall exercise the authority as long as the resolution of the political subdivision is effective.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Structure Texas Statutes
Title 5 - Sanitation and Environmental Quality
Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water
Chapter 361 - Solid Waste Disposal Act
Subchapter E. Powers and Duties of Local Governments
Section 361.151. Relationship of County Authority to State Authority
Section 361.152. Limitation on County Powers Concerning Industrial Solid Waste
Section 361.153. County Solid Waste Plans and Programs; Fees
Section 361.154. County Licensing Authority
Section 361.155. County Notification of License Application to Commission
Section 361.156. Separate License for Each Facility
Section 361.157. Contents of License
Section 361.159. License Issuance; Amendment, Extension, and Renewal
Section 361.160. License Amendment
Section 361.161. Permit From Commission Not Required
Section 361.162. Designation of Areas Suitable for Facilities
Section 361.163. Cooperative Agreements With Local Governments
Section 361.165. Political Subdivisions With Jurisdiction in Two or More Counties
Section 361.166. Municipal Restrictions
Section 361.167. Operation of Facility by Political Subdivision