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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition of a fee for certain plastic bags |
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provided to customers by retailers to fund a grant program to |
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support local recycling efforts. |
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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. DISPOSABLE PLASTIC BAG FEE; LOCAL RECYCLING |
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ASSISTANCE GRANT PROGRAM |
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Sec. 376.001. DEFINITIONS. In this chapter: |
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(1) "Compostable plastic bag" means a plastic bag that |
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meets or exceeds the standard for compostable plastics developed by |
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the American Society for Testing and Materials International as |
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specified in ASTM D6400-04 as that standard existed on January 1, |
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2011. |
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(2) "Disposable plastic bag" means a plastic carryout |
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bag that is provided by a retailer to a customer at the point of |
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sale. The term does not include a reusable plastic bag. |
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(3) "Retailer" means a person engaged in the business |
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of selling goods directly to a customer. |
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(4) "Reusable plastic bag" means a bag with handles |
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that is specifically designed and manufactured for multiple reuses |
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and is made of plastic that is at least 2.25 millimeters thick. |
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Sec. 376.002. GRANT PROGRAM. (a) The comptroller shall |
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establish and administer a local recycling assistance grant program |
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for the public purpose of supporting municipal and county recycling |
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efforts in this state. |
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(b) Only a municipality or county may apply for and receive |
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a grant under the program. |
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(c) The comptroller by rule shall establish criteria for the |
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awarding of grants under this section. In adopting the rules, the |
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comptroller must give preference to applicants that: |
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(1) do not have a recycling program on the date of the |
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application; or |
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(2) will use the grant money to expand the recycling |
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capacity of an existing recycling program. |
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(d) The comptroller shall adopt any other rules and forms |
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necessary for the implementation and administration of the program. |
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Sec. 376.003. DISPOSABLE PLASTIC BAG FEE. Except as |
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provided by Section 376.004, a fee of five cents is imposed on a |
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customer for each disposable plastic bag provided to the customer |
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to carry out or protect goods purchased from a retailer. |
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Sec. 376.004. EXEMPTIONS. A fee may not be imposed under |
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Section 376.003 for: |
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(1) a disposable plastic bag that is used solely to |
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carry bulk food, produce, or meat from a department within a store |
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to the point of sale; or |
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(2) a compostable plastic bag. |
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Sec. 376.005. COLLECTION BY RETAILER. (a) A retailer who |
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provides a disposable plastic bag to a customer shall collect the |
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fee imposed by Section 376.003. Except as provided by Subsection |
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(d), the retailer shall remit the fee to the comptroller. |
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(b) The retailer shall add the fee imposed by Section |
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376.003 to the total price of the goods sold to the customer, and |
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the fee is a part of the sales price, is a debt owed to the retailer |
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by the customer, and is recoverable at law in the same manner as the |
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original sales price. |
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(c) The amount of the fee shall be stated separately on a |
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sales receipt, invoice, or other record of sale. |
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(d) A retailer may retain three percent of the total amount |
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of the fees collected under Subsection (a) as reimbursement for any |
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costs associated with the collection of the fees. |
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Sec. 376.006. ADMINISTRATION, COLLECTION, AND ENFORCEMENT |
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BY COMPTROLLER. The comptroller shall adopt any rules for the |
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administration, payment, collection, and enforcement of the fee |
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imposed by this chapter. |
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Sec. 376.007. LOCAL RECYCLING PROGRAM ASSISTANCE ACCOUNT. |
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(a) The local recycling program assistance account is established |
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as an account in the general revenue fund. |
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(b) The comptroller shall deposit the revenue received from |
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the fee imposed by Section 376.003 to the credit of the account. |
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(c) Money in the account may be appropriated only for the |
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implementation and administration of the grant program established |
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under Section 376.002. |
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SECTION 2. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect January 1, 2012. |
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(b) Section 376.006, Health and Safety Code, as added by |
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this Act, takes effect September 1, 2011. |