88R12124 DRS-D     By: Gates H.B. No. 4297       A BILL TO BE ENTITLED   AN ACT   relating to municipal solid waste management services contracts;   limiting the amount of a fee.          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.  MUNICIPAL FRANCHISE FEES. A municipality may   not charge a person granted a franchise to provide solid waste   management services in the municipality franchise fees of more than   two percent of the gross receipts of the franchisee for the sale of   services in the municipality.          SECTION 2.  Section 364.034(f), Health and Safety Code, is   amended to read as follows:          (f)  Notwithstanding the other provisions of this section:                (1)  [,] a political subdivision, including a county or   a municipality, may not restrict the right of an entity to contract   with a licensed waste hauler for the collection and removal of   domestic septage or of grease trap waste, grit trap waste, lint trap   waste, or sand trap waste; and                (2)  a municipality may not restrict the right of an   entity to contract with a person other than the municipality or an   exclusive franchisee of the municipality for solid waste management   services for commercial, industrial, or multifamily residential   waste.          SECTION 3.  Section 363.120, Health and Safety Code, as   added by this Act, applies only to a contract for solid waste   management services entered into on or after the effective date of   this Act.          SECTION 4.  This Act takes effect September 1, 2023.