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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. |
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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. PLASTIC CHECKOUT BAGS |
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Sec. 376.001. POLICY AND PURPOSE. The policy of this state |
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and the purpose of this chapter are to encourage the recycling of |
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plastic checkout bags and to require the applicable businesses to |
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use checkout bags that are made of recyclable material and to offer |
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reusable bags at a reasonable price. |
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Sec. 376.002. 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, that: |
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(A) is a full-line, self-service retail store; |
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(B) has annual sales of $5 million or more, not |
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including sales of motor fuel as defined by Section 162.001, Tax |
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Code; |
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(C) sells a line of dry grocery, canned goods, |
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and at least some perishable food items; and |
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(D) has over 20,000 square feet of retail space. |
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(2) "Checkout bag" means a carryout bag that is |
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provided by a business to a customer at the point of sale. The term |
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does not include a reusable bag. |
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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. 376.003. APPLICABILITY. This chapter does not apply |
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to a business with fewer than 51 employees per business location. |
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Sec. 376.004. 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 reusable bags available for sale at a |
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reasonable price and shall display the reusable bags at or near the |
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point of sale or the entrance to the business. |
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(b) A business described by Subsection (a) shall provide |
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training to an employee whose position may include offering a |
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plastic checkout bag to a customer. The training shall include |
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efficient bagging techniques, offering the sale or distribution of |
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reusable bags, and other procedures intended to reduce the use of |
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plastic checkout bags. |
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Sec. 376.005. RECYCLING PROGRAM. (a) Except as provided |
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by Subsection (b), a business that offers a plastic checkout bag to |
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a customer shall establish a plastic checkout bag recycling program |
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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" or a |
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similar message to encourage recycling of the bag; |
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(2) place in a visible, easily accessible location at |
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or near the entrance of the business a plastic checkout bag |
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collection bin clearly marked with information stating that the bin |
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is for the purpose of collecting and recycling plastic checkout |
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bags; |
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(3) maintain a record 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 until at least the second |
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anniversary of the date the record is made; and |
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(4) make the record available to the commission on |
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request. |
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(b) A business is exempt from establishing a plastic |
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checkout bag recycling program as required by Subsection (a) if: |
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(1) there is no public recycling program that accepts |
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plastic checkout bags in the county in which the business is |
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located; and |
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(2) a private recycling service that accepts plastic |
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checkout bags is not available to the business at a reasonable cost. |
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Sec. 376.006. RULES. The commission shall adopt rules to |
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implement this chapter. |
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Sec. 376.007. PREEMPTION OF LOCAL ORDINANCE. This chapter |
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preempts a local ordinance or rule to the extent of any conflict |
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with this chapter. |
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SECTION 2. This Act takes effect January 1, 2012. |