| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to municipal solid waste management services contracts; |
|
|
limiting the amount of a fee. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter F, Chapter 363, Health and Safety |
|
|
Code, is amended by adding Section 363.120 to read as follows: |
|
|
Sec. 363.120. MUNICIPAL FRANCHISE FEES. A municipality may |
|
|
not charge a person granted a franchise to provide solid waste |
|
|
management services in the municipality franchise fees of more than |
|
|
two percent of the gross receipts of the franchisee for the sale of |
|
|
services in the municipality. |
|
|
SECTION 2. Section 364.034(f), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(f) Notwithstanding the other provisions of this section: |
|
|
(1) [,] a political subdivision, including a county or |
|
|
a municipality, may not restrict the right of an entity to contract |
|
|
with a licensed waste hauler for the collection and removal of |
|
|
domestic septage or of grease trap waste, grit trap waste, lint trap |
|
|
waste, or sand trap waste; and |
|
|
(2) a municipality may not restrict the right of an |
|
|
entity to contract with a person other than the municipality or an |
|
|
exclusive franchisee of the municipality for solid waste management |
|
|
services for commercial, industrial, or multifamily residential |
|
|
waste. |
|
|
SECTION 3. Section 363.120, Health and Safety Code, as |
|
|
added by this Act, applies only to a contract for solid waste |
|
|
management services entered into on or after the effective date of |
|
|
this Act. |
|
|
SECTION 4. This Act takes effect September 1, 2025. |