Texas Justices Strike Down Trash Hauling Licensing Fee

By Katie Buehler (May 20, 2022, 6:46 PM EDT) -- The Texas Supreme Court on Friday declared unlawful a Fort Worth, Texas, suburb's percentage-of-revenue licensing fee for commercial waste disposal companies, holding the town lacked authority to implement what was essentially an unconstitutional occupational tax.

In a unanimous decision, the justices agreed with North Texas-based Builder Recovery Services LLC's claims that the town of Westlake, Texas, can't charge a monthly percentage-of-revenue licensing fee to companies wishing to operate within the town's limits.

The fee, which was originally 15% of gross revenue but lowered to 3% during litigation, is prohibited by Texas' Health and Safety Code, the court found. Even at the...

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