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Texas Legislature· HB 5057Effective immediately

Relating to exclusive contracts for municipal solid waste management services, the official text

Shown verbatim: the complete text as captured from the official page posted by the Texas Legislature, fetched 2026-08-29. Where this bill amends existing law, language marked for deletion in the official page appears here in brackets. This is the enrolled version. The official bill page.
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
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