Bill Text: TX HB3015 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to exclusive contracts for municipal solid waste management services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-05-11 - Placed on General State Calendar [HB3015 Detail]
Download: Texas-2023-HB3015-Comm_Sub.html
88R15295 DRS-F | |||
By: Kuempel | H.B. No. 3015 | ||
Substitute the following for H.B. No. 3015: | |||
By: Kuempel | C.S.H.B. No. 3015 |
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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, "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. | ||
(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; | ||
(2) a description of the change made by the contract or | ||
amendment; and | ||
(3) a summary of the effect of the contract or | ||
amendment and this section on the operations of a privately owned | ||
solid waste management service provider that is operating in the | ||
public agency's jurisdiction and is not a party to the contract. | ||
(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; or | ||
(B) on a publicly available Internet website | ||
maintained by the public agency; 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) | ||
takes effect on publication of the notice required by this section. | ||
(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 second anniversary of the date the public | ||
agency publishes the notice required by Subsection (b). | ||
(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). | ||
(g) This section does not apply to: | ||
(1) an exclusive contract awarded by a public agency | ||
through a competitive bidding process; or | ||
(2) 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, 2023. |