By McClendon H.B. No. 1837
75R5205 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 374 to read as follows:
1-7 CHAPTER 374. BEVERAGE CONTAINER REFUNDS
1-8 Sec. 374.001. 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. The term includes:
1-12 (A) beer;
1-13 (B) ale;
1-14 (C) malt liquor;
1-15 (D) other drinks produced by fermenting malt;
1-16 (E) spirits;
1-17 (F) wine;
1-18 (G) wine coolers;
1-19 (H) soda;
1-20 (I) water;
1-21 (J) carbonated water; or
1-22 (K) soft drinks.
1-23 (2) "Beverage container" means a glass, metal, or
1-24 plastic vessel that is hermetically sealed or capped and that
2-1 contains a beverage at the time it is sold or offered for sale.
2-2 (3) "Commission" means the Texas Natural Resource
2-3 Conservation Commission.
2-4 (4) "Distributor" means a person who distributes
2-5 beverages in beverage containers to retail dealers.
2-6 (5) "Retail dealer" means a person who sells beverages
2-7 in beverage containers to the public.
2-8 Sec. 374.002. REFUND VALUE AND LABEL REQUIRED. (a) Except
2-9 as provided by Subsection (b), a person may not sell or offer for
2-10 sale in this state a beverage container unless the container has a
2-11 refund value of five cents or more and is labeled as required by
2-12 Section 374.003.
2-13 (b) A person may sell or offer for sale a beverage container
2-14 that does not have a refund value if:
2-15 (1) the container has a fluid capacity of more than
2-16 one gallon;
2-17 (2) the container contains:
2-18 (A) a noncarbonated soft drink;
2-19 (B) a beverage that consists of milk or of fruit
2-20 or vegetable juice; or
2-21 (C) a beverage the primary protein source of
2-22 which is derived from soybeans and that does not contain an
2-23 additional flavoring ingredient; or
2-24 (3) the container is sold for use by a common carrier
2-25 in conducting passenger transport.
2-26 Sec. 374.003. LABELING. (a) A beverage container required
2-27 to have a refund value under Section 374.002 that is offered for
3-1 sale in this state must have legibly stamped, labeled, or embossed
3-2 on the container:
3-3 (1) the words "return for refund";
3-4 (2) the refund value of the container; and
3-5 (3) the name "Texas" or the abbreviation "TX" or
3-6 "Tex."
3-7 (b) Subsection (a) does not apply to the sale of a
3-8 refillable glass beverage container that contains water or a soft
3-9 drink and that has a brand name permanently marked on the
3-10 container.
3-11 Sec. 374.004. VENDING MACHINE NOTICE. A person who operates
3-12 in this state a vending machine that sells beverage containers for
3-13 which a refund value is required by Section 374.002 shall post in a
3-14 conspicuous place on the machine a notice to purchasers that states
3-15 the refund value of the used beverage containers and the location
3-16 the vending machine operator provides at which the containers may
3-17 be returned for a refund.
3-18 Sec. 374.005. RETAIL DEALER REFUNDS. (a) Except as
3-19 otherwise provided by this section, a retail dealer shall accept a
3-20 used beverage container for which a refund value is required by
3-21 Section 374.002 that is of a kind, size, and brand sold by that
3-22 retail dealer and shall pay the refund value of the container in
3-23 cash to the person presenting the container if:
3-24 (1) the brand and refund value are ascertainable from
3-25 the container; or
3-26 (2) the container is an unbroken refillable glass
3-27 beverage container that is widely known in this state to have a
4-1 refund value of five cents or more.
4-2 (b) A retail dealer may refuse to accept and pay the refund
4-3 value for more than 48 used beverage containers presented by a
4-4 single person in one day.
4-5 (c) A retail dealer who sells beverages in beverage
4-6 containers solely for consumption on the retail dealer's premises
4-7 is not required to pay the refund value of a beverage container for
4-8 which a deposit has not been paid to the retailer.
4-9 Sec. 374.006. DISTRIBUTOR REFUNDS. (a) A distributor of
4-10 beverage containers shall pay the refund value in cash for a used
4-11 beverage container for which a refund value is required by Section
4-12 374.002 that is of a kind, size, and brand sold by that distributor
4-13 if:
4-14 (1) the brand name and refund value of the container
4-15 are ascertainable from the container; or
4-16 (2) the container is an unbroken refillable glass
4-17 beverage container that is widely known in this state to have a
4-18 refund value of five cents or more.
4-19 (b) Subsection (a) does not apply to the return of a
4-20 beverage container that was sold for use by a common carrier in
4-21 conducting passenger transport.
4-22 (c) In addition to the payment of the refund value, a
4-23 distributor shall reimburse the retail dealer or redemption center,
4-24 as applicable, for the cost of handling used beverage containers in
4-25 an amount that equals at least two cents for each returned
4-26 container.
4-27 (d) Each time a distributor delivers beverage containers to
5-1 a retail dealer, the distributor shall collect from the retail
5-2 dealer all returned beverage containers that are of a kind, brand,
5-3 and size sold by the distributor to the retail dealer.
5-4 Sec. 374.007. REFUSAL PERMITTED. A retail dealer or
5-5 distributor may refuse to accept for refund:
5-6 (1) a glass bottle that is broken to the extent that
5-7 it would present a safety hazard when handled; or
5-8 (2) a used beverage container that contains part of
5-9 its original contents or other foreign matter to the extent that it
5-10 could present health or sanitation problems.
5-11 Sec. 374.008. REDEMPTION CENTERS. A redemption center may
5-12 be established as a place for refund of deposits on beverage
5-13 containers in addition to, but not as a substitute for, retail
5-14 dealerships.
5-15 Sec. 374.009. WASTE CONTAINER FEE. (a) For each calendar
5-16 quarter, a distributor shall account for the number of beverage
5-17 containers sold and the number of beverage containers for the
5-18 return of which the distributor paid a refund to a retailer,
5-19 collection center, or other person.
5-20 (b) If a distributor paid a refund for fewer returned
5-21 beverage containers in a calendar quarter than the distributor sold
5-22 in the preceding calendar quarter, the distributor shall pay a fee
5-23 of two and one-half cents for each beverage container that
5-24 represents the difference between the number of containers sold and
5-25 the number of containers returned.
5-26 (c) On the first day of each calendar quarter, according to
5-27 rules adopted and with forms and reports required by the
6-1 commission, a distributor shall pay to the state treasurer the
6-2 waste container fee required by Subsection (b).
6-3 (d) Money paid to the state treasurer under Subsection (c)
6-4 shall be deposited in the state treasury to the credit of the
6-5 municipal solid waste management planning fund established by
6-6 Section 363.091.
6-7 Sec. 374.010. REIMBURSEMENT FOR REFUND OVERPAYMENT. A
6-8 distributor who, in a calendar year, pays to other persons the
6-9 refund values for more returned beverage containers than the
6-10 distributor sells in that calendar year may apply to the
6-11 comptroller for reimbursement on forms and with documentation
6-12 required by the commission. The comptroller shall reimburse a
6-13 distributor five cents for each beverage container that represents
6-14 the difference between the number of containers sold and the number
6-15 of containers for which the distributor paid a refund.
6-16 Reimbursement amounts shall be paid out of the municipal solid
6-17 waste management planning fund established by Section 363.091.
6-18 Sec. 374.011. CRIMINAL PENALTIES. (a) A person commits an
6-19 offense if the person intentionally violates Section 374.002,
6-20 374.004, or 374.005. An offense under this subsection is a Class C
6-21 misdemeanor.
6-22 (b) A person commits an offense if the person intentionally
6-23 violates Section 374.006 or 374.009. An offense under this
6-24 subsection is a Class B misdemeanor.
6-25 Sec. 374.012. ADMINISTRATION. The commission shall
6-26 administer and enforce this chapter and may adopt rules and forms
6-27 necessary to carry out the purposes of this chapter.
7-1 SECTION 2. (a) This Act takes effect September 1, 1997.
7-2 (b) Not later than December 1, 1997, the Texas Natural
7-3 Resource Conservation Commission and the comptroller of public
7-4 accounts shall adopt the rules necessary to administer Chapter 374,
7-5 Health and Safety Code, as added by this Act.
7-6 (c) The requirements of and penalties provided by Chapter
7-7 374, Health and Safety Code, as added by this Act, do not apply to
7-8 any person before January 1, 1998.
7-9 SECTION 3. The importance of this legislation and the
7-10 crowded condition of the calendars in both houses create an
7-11 emergency and an imperative public necessity that the
7-12 constitutional rule requiring bills to be read on three several
7-13 days in each house be suspended, and this rule is hereby suspended.