HB5057 - Relating to exclusive contracts for municipal solid waste management services.

      H.B. No. 5057         AN ACT   relating to exclusive contracts for municipal solid waste   management services.          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.     EXCLUSIVE SOLID WASTE MANAGEMENT SERVICE   CONTRACTS. (a)   In this section:                 (1)     "Exclusive contract" means a contract or franchise   agreement between a public agency and a privately owned solid waste   management service provider that grants to the service provider an   exclusive right to provide certain solid waste management services   in the public agency's jurisdiction.                 (2)     "Solid waste management services"   means solid   waste collection or transportation services.           (b)     A public agency that enters into an exclusive contract,   including by renewing or amending an existing contract in a manner   that grants a privately owned solid waste management service   provider an exclusive right to provide certain additional solid   waste services that was not contained in the contract before the   renewal or amendment, shall give notice containing:                   (1)     a summary of the purpose of the contract or   amendment; and                 (2)     a description of the change made by the contract or   amendment.           (c)     A public agency required by Subsection (b) to give   notice shall:                 (1)  publish the notice:                       (A)     in a newspaper of general circulation in the   jurisdiction of the public agency; and                       (B)     on a publicly available Internet website   maintained by the public agency, if the public agency maintains   such a website; and                 (2)     if the public agency requires a privately owned   solid waste management service provider to register or obtain   approval to operate in the public agency's jurisdiction, give   notice to each provider registered with or approved by the public   agency to operate in the jurisdiction.           (d)     A contract or amendment described by Subsection (b) may   not take effect before the date the notice required by that   subsection is published in a newspaper as required by Subsection   (c)(1)(A).           (e)     A privately owned solid waste management service   provider that has an existing contract with a person to provide   certain solid waste management services for which a public agency   enters into an exclusive contract with another service provider may   continue to provide those services in the public agency's   jurisdiction until the earlier of:                 (1)     the date the service provider's existing   nonexclusive contract expires; or                 (2)     the first anniversary of the date the public   agency publishes the notice required by Subsection (b) in a   newspaper as required by Subsection (c)(1)(A).           (f)     A privately owned solid waste management service   provider that provides solid waste management services to a person   in a public agency's jurisdiction and that does not have a contract   to provide the services may, if the public agency enters into an   exclusive contract with another service provider to provide those   services, continue to provide the services in the jurisdiction   until the 60th day after the date the public agency publishes the   notice required by Subsection (b) in a newspaper as required by   Subsection (c)(1)(A).           (g)     This section does not apply to the provision of solid   waste management services by a municipality to an annexed area as   provided by Section 43.0661, Local Government Code.          SECTION 2.  Section 363.120, Health and Safety Code, as   added by this Act, applies only to a contract or franchise agreement   for solid waste management services entered into on or after the   effective date of this Act.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 5057 was passed by the House on May 8,   2025, by the following vote:  Yeas 144, Nays 0, 2 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 5057 was passed by the Senate on May   22, 2025, by the following vote:  Yeas 29, Nays 2.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor