By: Maxey H.B. No. 299
73R823 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requirements concerning beverage containers; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle B, Title 5, Health and Safety Code, is
1-6 amended by adding Chapter 373 to read as follows:
1-7 CHAPTER 373. BEVERAGE CONTAINER REFUNDS
1-8 Sec. 373.001. DEFINITIONS. In this chapter:
1-9 (1) "Beverage" means an alcoholic, nonalcoholic,
1-10 carbonated, or noncarbonated drink prepared in liquid form and
1-11 intended for human consumption and includes beer, ale, malt liquor,
1-12 other drinks produced by fermenting malt, spirits, wine, wine
1-13 coolers, soda, water, carbonated water, or soft drinks.
1-14 (2) "Beverage container" means a glass, metal, or
1-15 plastic vessel that is hermetically sealed or capped and that
1-16 contains a beverage at the time it is sold or offered for sale.
1-17 (3) "Commission" means the Texas Natural Resource
1-18 Conservation Commission.
1-19 (4) "Distributor" means a person who distributes
1-20 beverages in beverage containers to retail dealers.
1-21 (5) "Retail dealer" means a person who sells beverages
1-22 in beverage containers to the public.
1-23 Sec. 373.002. REFUND VALUE AND LABEL REQUIRED. (a) Except
1-24 as provided by Subsection (b), a person may not sell or offer for
2-1 sale in this state a beverage container unless the container has a
2-2 refund value of five cents or more and is labeled as required by
2-3 Section 373.003.
2-4 (b) A person may sell or offer for sale a beverage container
2-5 that does not have a refund value if:
2-6 (1) the container has a fluid capacity of more than
2-7 one gallon;
2-8 (2) the container contains a noncarbonated soft drink,
2-9 a beverage that consists of milk or of fruit or vegetable juice, or
2-10 a beverage the primary protein source of which is derived from
2-11 soybeans and that does not contain an additional flavoring
2-12 ingredient; or
2-13 (3) the container is sold for use by a common carrier
2-14 in conducting passenger transport.
2-15 Sec. 373.003. LABELING. (a) A beverage container required
2-16 to have a refund value under Section 373.002 that is offered for
2-17 sale in this state must have legibly stamped, labeled, or embossed
2-18 on the container:
2-19 (1) the words "return for refund";
2-20 (2) the refund value of the container; and
2-21 (3) the name of this state or the abbreviation "TX".
2-22 (b) Subsection (a) does not apply to the sale of a
2-23 refillable glass beverage container that contains water or a soft
2-24 drink and that has a brand name permanently marked on the
2-25 container.
2-26 Sec. 373.004. VENDING MACHINE NOTICE. A person who operates
2-27 in this state a vending machine that sells beverage containers for
3-1 which a refund value is required by Section 373.002 shall post in a
3-2 conspicuous place on the machine a notice to purchasers that states
3-3 the refund value of the used beverage containers and the location
3-4 the vending machine operator provides at which the containers may
3-5 be returned for a refund.
3-6 Sec. 373.005. RETAIL DEALER REFUNDS. (a) Except as
3-7 otherwise provided by this section, a retail dealer shall accept a
3-8 used beverage container for which a refund value is required by
3-9 Section 373.002 that is of a kind, size, and brand sold by that
3-10 retail dealer and shall pay the refund value of the container in
3-11 cash to the person presenting the container if:
3-12 (1) the brand and refund value are ascertainable from
3-13 the container; or
3-14 (2) the container is an unbroken refillable glass
3-15 beverage container that is widely known in this state to have a
3-16 refund value of five cents or more.
3-17 (b) A retail dealer may refuse to accept and pay the refund
3-18 value for more than 48 used beverage containers presented by a
3-19 single person in one day.
3-20 (c) A retail dealer who sells beverages in beverage
3-21 containers solely for consumption on the retail dealer's premises
3-22 is not required to pay the refund value of a beverage container for
3-23 which a deposit has not been paid to the retailer.
3-24 Sec. 373.006. DISTRIBUTOR REFUNDS. (a) A distributor of
3-25 beverage containers shall pay the refund value in cash for a used
3-26 beverage container for which a refund value is required by Section
3-27 373.002 that is of a kind, size, and brand sold by that distributor
4-1 if:
4-2 (1) the brand name and refund value of the container
4-3 are ascertainable from the container; or
4-4 (2) the container is an unbroken refillable glass
4-5 beverage container that is widely known in this state to have a
4-6 refund value of five cents or more.
4-7 (b) Subsection (a) does not apply to the return of a
4-8 beverage container that was sold for use by common carriers in
4-9 conducting passenger transport.
4-10 (c) In addition to the payment of the refund value, a
4-11 distributor shall reimburse the retail dealer or redemption center,
4-12 as applicable, for the cost of handling used beverage containers in
4-13 an amount that equals at least two cents for each returned
4-14 container.
4-15 (d) Each time a distributor delivers beverage containers to
4-16 a retail dealer, the distributor shall collect from the retail
4-17 dealer all returned beverage containers that are of a kind, brand,
4-18 and size sold by the distributor to the retail dealer.
4-19 Sec. 373.007. REFUSAL PERMITTED. (a) A retail dealer or
4-20 distributor may refuse to accept for refund a glass bottle that is
4-21 broken to the extent that it would present a safety hazard when
4-22 handled.
4-23 (b) A retail dealer or distributor may refuse to accept for
4-24 refund a used beverage container that contains part of its original
4-25 contents or other foreign matter to the extent that it could
4-26 present health or sanitation problems.
4-27 Sec. 373.008. REDEMPTION CENTERS. A redemption center may
5-1 be established as a place for refund of deposits on beverage
5-2 containers in addition to, but not as a substitute for, retail
5-3 dealerships.
5-4 Sec. 373.009. WASTE CONTAINER FEE. (a) For each calendar
5-5 quarter, a distributor shall account for the number of beverage
5-6 containers sold and the number of beverage containers for the
5-7 return of which the distributor paid a refund to a retailer,
5-8 collection center, or other person.
5-9 (b) If a distributor paid a refund for fewer returned
5-10 beverage containers in a calendar quarter than the distributor sold
5-11 in the preceding calendar quarter, the distributor shall pay a fee
5-12 of two and one-half cents for each beverage container that
5-13 represents the difference between the number of containers sold and
5-14 the number of containers returned.
5-15 (c) On the first day of each calendar quarter, according to
5-16 rules adopted and with forms and reports required by the
5-17 commission, a distributor shall pay to the state treasurer the
5-18 waste container fee required by Subsection (b).
5-19 (d) Money paid to the state treasurer under Subsection (c)
5-20 shall be deposited in the state treasury to the credit of the
5-21 municipal solid waste planning fund established by Section 363.091.
5-22 Sec. 373.010. REIMBURSEMENT FOR REFUND OVERPAYMENT. A
5-23 distributor who, in a calendar year, pays to other persons the
5-24 refund values for more returned beverage containers than the
5-25 distributor sells in that calendar year may apply to the
5-26 comptroller for reimbursement on forms and with documentation
5-27 required by the commission. The comptroller shall reimburse a
6-1 distributor five cents for each beverage container that represents
6-2 the difference between the number of containers sold and the number
6-3 of containers for which the distributor paid a refund.
6-4 Reimbursement amounts shall be paid out of the municipal solid
6-5 waste planning fund established by Section 363.091.
6-6 Sec. 373.011. CRIMINAL PENALTIES. (a) A person commits an
6-7 offense if the person intentionally violates Section 373.002,
6-8 373.004, or 373.005. An offense under this subsection is a Class C
6-9 misdemeanor.
6-10 (b) A person commits an offense if the person intentionally
6-11 violates Section 373.006 or 373.009. An offense under this
6-12 subsection is a Class B misdemeanor.
6-13 Sec. 373.012. ADMINISTRATION. The commission shall
6-14 administer and enforce this chapter and may adopt rules and forms
6-15 necessary to carry out the purposes of this chapter.
6-16 SECTION 2. This Act takes effect January 1, 1994.
6-17 SECTION 3. The importance of this legislation and the
6-18 crowded condition of the calendars in both houses create an
6-19 emergency and an imperative public necessity that the
6-20 constitutional rule requiring bills to be read on three several
6-21 days in each house be suspended, and this rule is hereby suspended.