88R9978 SRA-D

By: Slaton H.B. No. 4676

A BILL TO BE ENTITLED

AN ACT

relating to exempting the intrastate manufacture of certain consumer products from federal energy conservation regulation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 99, Business & Commerce Code, is amended by adding Chapter 2003 to read as follows:

CHAPTER 2003. ENERGY CONSERVATION STANDARDS FOR CERTAIN CONSUMER

PRODUCTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2003.001. DEFINITIONS. In this chapter:

(1) "Consumer product" means any article, other than a motor vehicle:

(A) of a type:

(i) which in operation consumes, or is designed to consume, energy or, with respect to showerheads, faucets, water closets, and urinals, water; and

(ii) which, to any significant extent, is distributed in commerce for personal use or consumption by individuals; and

(B) without regard to whether the article is in fact distributed in commerce for personal use or consumption by an individual, except the term includes fluorescent lamp ballasts, general service fluorescent lamps, incandescent reflector lamps, showerheads, faucets, water closets, and urinals distributed in commerce for personal or commercial use or consumption.

(2) "Generic and insignificant part" includes a spring, screw, nut, and pin.

(3) "Motor vehicle" has the meaning assigned by Section 502.001, Transportation Code.

SUBCHAPTER B. INTRASTATE MANUFACTURE OF CONSUMER PRODUCTS

Sec. 2003.051. MEANING OF "MANUFACTURED IN THIS STATE." For the purposes of this subchapter, a consumer product is manufactured in this state if the product is manufactured:

(1) from materials located in this state; and

(2) without the inclusion of any part imported from another state other than a generic and insignificant part.

Sec. 2003.052. NOT SUBJECT TO FEDERAL ENERGY CONSERVATION STANDARDS. A consumer product that is manufactured in this state and remains in this state is not subject to federal law or federal regulation prescribing energy conservation standards.

Sec. 2003.053. MARKETING OF CONSUMER PRODUCTS. A consumer product manufactured and sold in this state must have the words "Made in Texas" clearly labeled on the product.

SUBCHAPTER C. ENFORCEMENT OF CERTAIN FEDERAL ENERGY CONSERVATION

LAWS PROHIBITED

Sec. 2003.101. APPLICABILITY. This subchapter applies to:

(1) the State of Texas, including an agency, department, commission, bureau, board, office, council, court, or other entity that is in any branch of state government and that is created by the constitution or a statute of this state, including a university system or a system of higher education;

(2) the governing body of a municipality, county, or special district or authority;

(3) an officer, employee, or other body that is part of a municipality, county, or special district or authority, including a sheriff, municipal police department, municipal attorney, or county attorney; and

(4) a district attorney or criminal district attorney.

Sec. 2003.102. STATE AND LOCAL GOVERNMENT POLICY REGARDING ENFORCEMENT OF AND COMPLIANCE WITH FEDERAL ENERGY CONSERVATION LAWS. (a) An entity described by Section 2003.101 may not adopt a rule, order, ordinance, or policy under which the entity enforces, or by consistent action allows the enforcement of, a federal statute, order, rule, or regulation that purports to regulate energy conservation standards applicable to consumer products if the statute, order, rule, or regulation imposes a prohibition, restriction, or other regulation that does not exist under the laws of this state.

(b) No entity described by Section 2003.101 and no person employed by or otherwise under the direction or control of the entity may:

(1) enforce or attempt to enforce any federal statute, order, rule, or regulation described by Subsection (a); or

(2) be required to comply with a federal statute, order, rule, regulation, or court order that compels compliance with a federal statute, order, rule, or regulation described by Subsection (a).

Sec. 2003.103. STATE GRANT FUNDS. (a) An entity described by Section 2003.101 may not receive state grant funds if the entity adopts a rule, order, ordinance, or policy under which the entity enforces a federal law described by Section 2003.102(a) or, by consistent action, allows the enforcement of a federal law described by Section 2003.102(a).

(b) State grant funds for the entity shall be denied for the fiscal year following the year in which a final judicial determination in an action brought under this subchapter is made that the entity has violated Section 2003.102(a).

Sec. 2003.104. ENFORCEMENT. (a) Any citizen residing in the jurisdiction of an entity described by Section 2003.101 may file a complaint with the attorney general if the citizen offers evidence to support an allegation that the entity has adopted a rule, order, ordinance, or policy under which the entity enforces a federal law described by Section 2003.102(a) or that the entity, by consistent action, allows the enforcement of a federal law described by Section 2003.102(a). The citizen must include with the complaint any evidence the citizen has in support of the complaint.

(b) If the attorney general determines that a complaint filed under Subsection (a) against an entity described by Section 2003.101 is valid, to compel the entity's compliance with this subchapter the attorney general may file a petition for a writ of mandamus or apply for other appropriate equitable relief in a district court in Travis County or in a county in which the principal office of the entity is located. The attorney general may recover reasonable expenses incurred obtaining relief under this subsection, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition costs.

(c) An appeal of a suit brought under Subsection (b) is governed by the procedures for accelerated appeals in civil cases under the Texas Rules of Appellate Procedure. The appellate court shall render its final order or judgment with the least possible delay.

SECTION 2. Chapter 2003, Business & Commerce Code, as added by this Act, applies only to a consumer product, as that term is defined by Section 2003.001, Business & Commerce Code, as added by this Act, that is manufactured on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2023.