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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for businesses that offer plastic checkout |
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bags to customers; providing civil and administrative penalties. |
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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 376 to read as follows: |
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CHAPTER 376. CHECKOUT BAGS |
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Sec. 376.001. DEFINITIONS. In this chapter: |
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(1) "Business" means a commercial enterprise or |
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establishment, including a sole proprietorship, joint venture, |
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partnership, corporation, or other legally recognizable entity, |
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whether for profit or not for profit. |
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(2) "Checkout bag" means a carryout bag that is |
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provided by a store to a customer at the point of sale. |
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(3) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(4) "Reusable bag" means a bag with handles that is |
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specifically designed and manufactured for multiple reuse and is |
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made of: |
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(A) cloth or other machine-washable fabric; or |
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(B) other durable material suitable for reuse, |
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including plastic that is at least 2.25 millimeters thick. |
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Sec. 376.002. APPLICABILITY. This chapter does not apply |
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to a business with fewer than 51 employees. |
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Sec. 376.003. BUSINESS REQUIRED TO OFFER REUSABLE BAGS AT |
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REASONABLE PRICE. (a) A business that offers a plastic checkout |
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bag to a customer shall make a reusable bag available for sale at a |
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reasonable price. |
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(b) Before an employee of a business described by Subsection |
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(a) provides a customer with a plastic checkout bag, the employee |
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shall ask the customer if the customer would like to purchase a |
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reusable bag. |
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Sec. 376.004. RECYCLING PROGRAM. A business that offers a |
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plastic checkout bag to a customer shall establish a checkout bag |
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recycling program that requires the business to: |
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(1) print or display in a highly visible manner on the |
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outside of a plastic checkout bag provided by the business the words |
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"Please Return to a Participating Business for Recycling"; |
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(2) place in a visible, easily accessible location at |
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each location at which the business offers a plastic checkout bag to |
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a customer, a plastic checkout bag collection bin clearly marked |
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with information stating that the bin is for the purpose of |
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collecting and recycling plastic checkout bags; |
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(3) maintain records describing the collection, |
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transport, and recycling of plastic checkout bags under the program |
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established under this section; and |
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(4) make the records of the program available to the |
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commission on request. |
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Sec. 376.005. RULES. The commission shall adopt rules to |
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implement this chapter. |
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SECTION 2. Section 7.052, Water Code, is amended by adding |
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Subsection (b-3) to read as follows: |
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(b-3) The amount of the penalty for a violation of Chapter |
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376, Health and Safety Code, may not exceed: |
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(1) $200 for the first violation; |
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(2) $400 for the second violation, if the violation |
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occurs on or before the first anniversary of the date of the first |
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violation; or |
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(3) $600 for the third or a subsequent violation, if |
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the violation occurs on or before the first anniversary of the date |
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of the preceding violation. |
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SECTION 3. Sections 7.102 and 7.103, Water Code, are |
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amended to read as follows: |
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Sec. 7.102. MAXIMUM PENALTY. A person who causes, suffers, |
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allows, or permits a violation of a statute, rule, order, or permit |
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relating to Chapter 37 of this code, Chapter 366, 371, or 372, |
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Health and Safety Code, Subchapter G, Chapter 382, Health and |
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Safety Code, or Chapter 1903, Occupations Code, shall be assessed |
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for each violation a civil penalty not less than $50 nor greater |
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than $5,000 for each day of each violation as the court or jury |
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considers proper. A business that causes, suffers, allows, or |
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permits a violation of a statute, rule, or order relating to Chapter |
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376, Health and Safety Code, shall be assessed a civil penalty not |
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greater than $100 for each day of each violation as the court or |
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jury considers proper. A person who causes, suffers, allows, or |
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permits a violation of a statute, rule, order, or permit relating to |
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any other matter within the commission's jurisdiction to enforce, |
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other than violations of Chapter 11, 12, 13, 16, or 36 of this code, |
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or Chapter 341, Health and Safety Code, shall be assessed for each |
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violation a civil penalty not less than $50 nor greater than $25,000 |
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for each day of each violation as the court or jury considers |
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proper. Each day of a continuing violation is a separate |
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violation. |
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Sec. 7.103. CONTINUING VIOLATIONS. (a) Except as provided |
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by Subsection (b), if [If] it is shown on a trial of a defendant that |
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the defendant has previously been assessed a civil penalty for a |
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violation of a statute within the commission's jurisdiction or a |
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rule adopted or an order or a permit issued under such a statute |
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within the year before the date on which the violation being tried |
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occurred, the defendant shall be assessed a civil penalty not less |
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than $100 nor greater than $25,000 for each subsequent day and for |
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each subsequent violation. |
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(b) If it is shown on the trial of a defendant for a |
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violation of Chapter 376, Health and Safety Code, or a rule adopted |
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or an order issued under that chapter that the defendant has |
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previously been assessed a civil penalty for a violation of that |
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chapter or a rule adopted or an order issued under that chapter |
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within the year before the date on which the violation being tried |
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occurred, the defendant shall be assessed a civil penalty not |
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greater than: |
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(1) $200 if the violation being tried is the |
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defendant's second violation of that chapter or a rule adopted or an |
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order issued under that chapter; or |
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(2) $500 if the violation being tried is the |
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defendant's third or a subsequent violation of that chapter or a |
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rule adopted or an order issued under that chapter. |
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(c) Each day of a continuing violation is a separate |
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violation. |
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SECTION 4. This Act takes effect January 1, 2010, except |
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that Section 376.005, Health and Safety Code, as added by this Act, |
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takes effect September 1, 2009. |