Texas Health and Safety Code 361.126 – Disposal of Demolition Waste From Abandoned or Nuisance Building
(a) This section applies only to a building that has been:
(1) abandoned or found to be a nuisance;
(2) acquired by the county or municipality by means of:
(A) bankruptcy;
(B) tax delinquency; or
(C) condemnation; and
(3) previously owned by a person not financially capable of paying the costs of the disposal of demolition waste at a permitted solid waste disposal facility, including transportation of the waste to the facility.
(b) The commission may issue a permit by rule to authorize the governing body of a county or municipality with a population of 12,000 or less to dispose of demolition waste from a building if the disposal occurs on land that:
(1) the county or municipality owns or controls; and
(2) would qualify for an arid exemption under commission rules.
Terms Used In Texas Health and Safety Code 361.126
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(c) The commission shall adopt rules under § 361.024 to control the collection, handling, storage, processing, and disposal of demolition waste under this section to protect public and private property, rights-of-way, groundwater, and any other right that requires protection.