MUNICIPAL RESTRICTIONS
Known as the Solid Waste Disposal Act
The act spans §§ 361–361 (309 sections).
Applied in 2 court decisions — leading case BankDirect Capital Finance, LLC v. Plasma Fab, LLC (2017)
Most recently applied in BankDirect Capital Finance, LLC v. Plasma Fab, LLC (May 2017)
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff
A municipality may not abolish or restrict the use or operation of a solid waste facility in its limits or extraterritorial jurisdiction if the solid waste facility:
(1) was in existence when the municipality was incorporated or was in existence when the municipality annexed the area in which it is located; and
(2) is operated in substantial compliance with applicable state and county regulations.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.