Section 364.033 - Alternative Payment Procedure Using Tax Funds(a) A contract between a public agency and a county that is authorized by the public agency's governing body is an obligation against the public agency's taxing power to the extent provided by the contract if:(1) the public agency holds an election according to applicable procedure provided by Chapter 1251, Government Code, relating to the issuance of bonds by a municipality; and(2) at the election, it is determined that the public agency's governing body may levy an ad valorem tax to make any payments required of the public agency under the contract.(b) Except for the levy of a tax under this section, an election is not required for the exercise of a power granted by this chapter.(c) Only qualified voters of the public agency are entitled to vote at an election held under this section, and except as otherwise provided by this section and by Chapter 1251, Government Code, the Election Code governs an election under this section.(d) If the alternative procedure for payment provided by this section is followed, payments under the contract may be: (1) payable from and are solely an obligation against the taxing power of the public agency; or(2) payable both from taxes and from revenues as provided by the contract.(e) If the alternative procedure of public agency payment to a county for disposal services provided by this section is not followed, the county or a holder of county bonds is not entitled to demand payment of the public agency's obligation from funds raised or to be raised by taxation.Tex. Health and Safety Code § 364.033
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.270, eff. 9/1/2001. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. 9/1/1989.