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A BILL TO BE ENTITLED
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AN ACT
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relating to the advertisement of disposable wipes as flushable; |
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providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 5, Health and Safety Code, is |
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amended by adding Chapter 375 to read as follows: |
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CHAPTER 375. DISPOSABLE WIPES |
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Sec. 375.001. DEFINITIONS. In this chapter: |
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(1) "Covered entity" means a manufacturer of a |
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disposable wipe and a wholesaler, supplier, or retailer of a |
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disposable wipe. |
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(2) "Disposable wipe" means a single-use, |
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premoistened wipe designed or marketed for diapering, personal |
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hygiene, or other cleaning purposes. |
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Sec. 375.002. PROHIBITED ADVERTISEMENT OF DISPOSABLE WIPE |
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AS FLUSHABLE. A covered entity may not advertise, label, or |
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otherwise communicate that a disposable wipe may be disposed of in a |
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toilet, including by communicating that the disposable wipe is |
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"flushable," "sewer safe," or "septic safe," unless the disposable |
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wipe disintegrates or dissolves immediately in water. |
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Sec. 375.003. CIVIL PENALTY. (a) A covered entity that |
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violates Section 375.002 is liable for a civil penalty in an amount |
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equal to: |
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(1) $1,000 for the first violation; |
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(2) not less than $1,000 or more than $5,000 for the |
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second violation; and |
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(3) not less than $5,000 or more than $10,000 for the |
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third violation. |
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(b) The attorney general may file suit in district court to |
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recover a civil penalty imposed under this section against a |
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covered entity that violates Section 375.002. |
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(c) A civil penalty collected under this section shall be |
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deposited in the general revenue fund. |
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(d) The attorney general may recover reasonable expenses |
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incurred in collecting the civil penalty, including court costs, |
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reasonable attorney's fees, investigative costs, witness fees, and |
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deposition costs. |
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Sec. 375.004. INJUNCTIVE RELIEF. (a) The attorney general |
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may bring an action in district court to enjoin a covered entity |
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from selling disposable wipes if the covered entity violates |
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Section 375.002 after a civil penalty has been assessed against the |
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covered entity under Section 375.003 for a third violation of |
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Section 375.002. |
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(b) The attorney general may recover reasonable expenses |
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incurred in obtaining relief under this section, including court |
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costs, reasonable attorney's fees, investigative costs, witness |
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fees, and deposition costs. |
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SECTION 2. This Act takes effect September 1, 2023. |