§ 363.120 — EXCLUSIVE SOLID WASTE MANAGEMENT SERVICE CONTRACTS.

Texas § 363.120

• Jurisdiction: Texas
• Code HS: Health and Safety Code

Text

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.
SUBCHAPTER G. BONDS

Legislative History

Added by Acts 2025, 89th Leg., R.S., Ch. 471 (H.B. 5057 ), Sec. 1, eff. June 20, 2025.