By: Greenberg H.B. No. 755 73R597 MI-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to restrictions on the sale of certain cleaning agents 1-3 that contain phosphorus; providing a penalty. 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. CLEANING AGENTS CONTAINING PHOSPHORUS 1-8 Sec. 373.001. DEFINITIONS. In this chapter: 1-9 (1) "Cleaning agent" means a product, including a soap 1-10 or detergent, that contains a surfactant as a wetting or 1-11 dirt-emulsifying agent and is used primarily for domestic or 1-12 commercial cleaning purposes, including the cleaning of fabrics, 1-13 dishes, food utensils, or household or commercial premises. The 1-14 term does not include foods, drugs, cosmetics, insecticides, 1-15 fungicides, or rodenticides. 1-16 (2) "Commercial premises" means a premises used for 1-17 the purpose of carrying on or exercising a trade, business, 1-18 profession, vocation, or commercial or charitable activity, 1-19 including a laundry, hotel, motel, or food or restaurant 1-20 establishment. 1-21 (3) "Commission" means the Texas Natural Resource 1-22 Conservation Commission. 1-23 (4) "Phosphorus" means elemental phosphorus. 1-24 Sec. 373.002. APPLICATION. Section 373.003 does not apply 2-1 to a cleaning agent: 2-2 (1) that is used: 2-3 (A) in dairy, beverage, or food processing 2-4 equipment; 2-5 (B) as an industrial sanitizer, brightener, acid 2-6 cleaner, or metal conditioner, including phosphoric acid products 2-7 or trisodium phosphate; 2-8 (C) in hospitals, veterinary hospitals, clinics, 2-9 or health care facilities; 2-10 (D) in a commercial laundry for laundry services 2-11 provided to a hospital, veterinary hospital, clinic, or health care 2-12 facility; 2-13 (E) in agricultural production; 2-14 (F) in the production of electronic components; 2-15 (G) by industry for metal cleaning or 2-16 conditioning; 2-17 (H) in a laboratory, including a biological, 2-18 chemical, electronic, or engineering laboratory or a research 2-19 facility; 2-20 (I) for cleaning hard surfaces, including 2-21 household cleansers for windows, sinks, counters, stoves, tubs, or 2-22 other food preparation surfaces or plumbing fixtures; or 2-23 (J) as a water softening chemical, antiscale 2-24 chemical, or corrosion inhibitor intended for use in a closed 2-25 system, including boilers, air conditioners, cooling towers, or hot 2-26 water systems; 2-27 (2) that is manufactured, stored, or distributed for 3-1 use or sale outside this state; or 3-2 (3) for which the commission determines that the 3-3 prohibition imposed by Section 373.003 will either: 3-4 (A) create a significant hardship on the user; 3-5 or 3-6 (B) be unreasonable because there is no adequate 3-7 substitute cleaning agent. 3-8 Sec. 373.003. PROHIBITION ON SALE OR DISTRIBUTION OF CERTAIN 3-9 CLEANING AGENTS. (a) Except as provided by Subsection (b), a 3-10 person may not sell, offer to sell, or distribute for sale in this 3-11 state a cleaning agent that contains more than 0.5 percent 3-12 phosphorus by weight. 3-13 (b) A cleaning agent used in automatic dishwashers may be 3-14 sold, offered for sale, or distributed for sale in this state if 3-15 the cleaning agent contains no more than 8.7 percent phosphorus by 3-16 weight. 3-17 Sec. 373.004. LABELING REQUIRED. (a) A cleaning agent 3-18 sold, offered for sale, or distributed for sale in this state shall 3-19 be labeled with the percentage of phosphorus by weight. 3-20 (b) The label must also include the equivalency in grams of 3-21 phosphorus for each recommended use level. 3-22 Sec. 373.005. RULES. The commission shall adopt rules 3-23 necessary to implement this chapter. 3-24 Sec. 373.006. CIVIL PENALTY. (a) A person who violates 3-25 this chapter is liable for a civil penalty not to exceed $500 for 3-26 each day of violation. 3-27 (b) The attorney general or the prosecuting attorney in the 4-1 county in which an alleged violation occurs may bring suit to 4-2 recover the civil penalty imposed by this section. 4-3 (c) A civil penalty recovered under this section shall be 4-4 deposited in the general revenue fund if the attorney general 4-5 brings the suit, or in the general fund of the county in which the 4-6 violation occurred if the prosecuting attorney of that county 4-7 brings the suit. 4-8 SECTION 2. (a) Not later than December 1, 1993, the Texas 4-9 Natural Resource Conservation Commission shall adopt rules required 4-10 by Section 373.005, Health and Safety Code, as added by this Act. 4-11 (b) The powers, duties, rights, and obligations given to the 4-12 Texas Natural Resource Conservation Commission by this Act are the 4-13 powers, duties, rights, and obligations of the Texas Water 4-14 Commission or its successor if: 4-15 (1) the change in name of the Texas Water Commission 4-16 to the Texas Natural Resource Conservation Commission does not take 4-17 effect as provided by Section 1.085, Chapter 3, Acts of the 72nd 4-18 Legislature, 1st Called Session, 1991; 4-19 (2) the transfer of the powers, duties, rights, and 4-20 obligations of the Texas Water Commission to the Texas Natural 4-21 Resource Conservation Commission does not take effect as provided 4-22 by Chapter 3, Acts of the 72nd Legislature, 1st Called Session, 4-23 1991; or 4-24 (3) the 73rd Legislature does not pass an Act that 4-25 becomes law and provides for the transfer of certain powers, 4-26 duties, rights, and obligations of the Texas Water Commission to 4-27 the Texas Natural Resource Conservation Commission on or before 5-1 September 1, 1993. 5-2 SECTION 3. (a) This Act takes effect September 1, 1993. 5-3 (b) Sections 373.003, 373.004, and 373.006, Health and 5-4 Safety Code, as added by this Act, apply only to a sale, offer for 5-5 sale, or distribution for sale in this state that occurs on or 5-6 after January 1, 1994. 5-7 SECTION 4. The importance of this legislation and the 5-8 crowded condition of the calendars in both houses create an 5-9 emergency and an imperative public necessity that the 5-10 constitutional rule requiring bills to be read on three several 5-11 days in each house be suspended, and this rule is hereby suspended.