| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to liability for the donation and distribution of feminine |
|
|
hygiene products. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 4, Civil Practice and Remedies Code, is |
|
|
amended by adding Chapter 89A to read as follows: |
|
|
CHAPTER 89A. DONATION OF FEMININE HYGIENE PRODUCTS |
|
|
Sec. 89A.001. DEFINITIONS. In this chapter: |
|
|
(1) "Feminine hygiene product" means a tampon, a panty |
|
|
liner, a menstrual cup, a sanitary napkin, or other similar item |
|
|
used in connection with the menstrual cycle. |
|
|
(2) "Nonprofit organization" means an organization |
|
|
exempt from federal income taxation under Section 501(a), Internal |
|
|
Revenue Code of 1986, as an organization described by Section |
|
|
501(c)(3) of that code. |
|
|
Sec. 89A.002. LIABILITY FROM DONATION OF FEMININE HYGIENE |
|
|
PRODUCT. A person, including a manufacturer or distributor, is not |
|
|
subject to civil or criminal liability arising from the nature, |
|
|
age, packaging, or condition of a feminine hygiene product that the |
|
|
person donates in good faith to a nonprofit organization for |
|
|
distribution to individuals in need of the products if the donated |
|
|
product meets all quality and labeling standards imposed by law at |
|
|
the time the product is donated, even if the product is not readily |
|
|
marketable. |
|
|
Sec. 89A.003. NONPROFIT ORGANIZATION LIABILITY FROM |
|
|
DISTRIBUTED MENSTRUAL PRODUCT. A nonprofit organization is not |
|
|
subject to civil or criminal liability arising from the nature, |
|
|
age, packaging, or condition of a feminine hygiene product donated |
|
|
to the organization that the organization distributes to |
|
|
individuals in need of the products if the donated product meets all |
|
|
quality and labeling standards imposed by law at the time the |
|
|
product is distributed, even if the product is not readily |
|
|
marketable. |
|
|
Sec. 89A.004. EXCEPTIONS. This chapter does not apply to a |
|
|
person who donates a feminine hygiene product or a nonprofit |
|
|
organization that distributes a donated feminine hygiene product if |
|
|
the person or organization, as applicable, intentionally or with |
|
|
gross negligence donates or distributes a product that results in |
|
|
injury to or death of an individual who uses or receives the |
|
|
product. |
|
|
SECTION 2. Chapter 89A, Civil Practice and Remedies Code, |
|
|
as added by this Act, applies only to a cause of action that accrues |
|
|
on or after the effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2021. |