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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal solid waste management services contracts; |
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limiting the amount of a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 363, Health and Safety |
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Code, is amended by adding Section 363.120 to read as follows: |
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Sec. 363.120. MUNICIPAL FRANCHISE FEES. A municipality may |
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not charge a person granted a franchise to provide solid waste |
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management services in the municipality franchise fees of more than |
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two percent of the gross receipts of the franchisee for the sale of |
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services in the municipality. |
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SECTION 2. Section 364.034(f), Health and Safety Code, is |
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amended to read as follows: |
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(f) Notwithstanding the other provisions of this section: |
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(1) [,] a political subdivision, including a county or |
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a municipality, may not restrict the right of an entity to contract |
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with a licensed waste hauler for the collection and removal of |
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domestic septage or of grease trap waste, grit trap waste, lint trap |
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waste, or sand trap waste; and |
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(2) a municipality may not restrict the right of an |
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entity to contract with a person other than the municipality or an |
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exclusive franchisee of the municipality for solid waste management |
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services for commercial, industrial, or multifamily residential |
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waste. |
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SECTION 3. Section 363.120, Health and Safety Code, as |
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added by this Act, applies only to a contract for solid waste |
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management services entered into on or after the effective date of |
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this Act. |
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SECTION 4. This Act takes effect September 1, 2023. |