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*-RNKY OENERAL
June 24, 1975
The Honorable Tom Hanna Opinion No. H-632
Criminal District Attorney Ra: Authority of a municipal utility
Jefferson County district to contract Hiith a ,priVite
P. 0. Box 2553 party to haul garbage and to charge
Beaumont, Texas 77704 the party therefor
Dear Mr. Hanna:
You have requested our opinion regarding the authority of a municipal
utility district to contract with a private party to haul garbage and to charge the
party therefor. We assume, of course that this service will be offered to all
persons similarly situated.
A municipal utility district is empowered by section 54. 201(b) of the
Texas Water Code:
to purchase, construct, acquire, own,
operate, maintain, repair, improve,
or extend insfde and outside its
boundaries any and all works, improve-
ments, facilities, plants, equipment,
and appliances necessary to accomplish
the purposes of its creation, including
all works, improvements, facilities,
plants, equipment, and appliances in-
cident, helpful, or necessary to:
. . . .
(2) collect, transport, process, dispose of,
and control all domestic, industrial, or
communal wastes whether in fluid, solid, or
composite state . . .
In section 54.203, a district is authorized to:
purchase, construct, acquire, own,
operate, maintain, repair, improve,
and extend a solid waste collection and
disposal system inside and outside the
district and make proper charges for it,
--
The Honorable Tom Hanna - Page 2 (H-632)
Finally, section 54.204(a) provides that:
[a] district may adopt and enforce all
necessary charges, fees, or rentals,
in addition to taxes, for providing any
district facilities or service.
The hauling and disposal of garbage is a permissible function of a
municipal utility district by virtue of sections 54. 201(b) and 54.203. The
district may make necessary charges for this service pursuant to sections
54.203 and 54.204(a). It is thus our opinion that a municipal utility district
may contract with a private party to haul garbage and may charge the party
therefor.
SUMMARY
A municipal utility district is authorized to contract with a private
party to haul garbage ,and to charge the party therefor.
Very truly yours,
Opinion Committee
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