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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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(5) "Shopping mall" means an enclosed public walkway |
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or hall area that connects retail, service, or professional |
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establishments. |
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Sec. 376.002. APPLICABILITY. This chapter does not apply |
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to a business: |
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(1) with fewer than 51 employees; |
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(2) that provides plastic checkout bags to less than |
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10 percent of the business's customers; or |
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(3) whose principal business activity is providing |
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prepared food for immediate consumption. |
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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: |
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(1) make a reusable bag available for sale at a |
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reasonable price; and |
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(2) display the reusable bag at or near the point of |
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sale. |
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(b) Before an employee of the business provides a customer |
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with a plastic checkout bag, the employee shall ask the customer if |
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the customer would like to purchase a 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 |
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near each public entrance of either a business or a shopping mall |
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that contains a business that offers a plastic checkout bag to a |
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customer a plastic checkout bag collection bin clearly marked with |
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information stating that the bin is for the purpose of collecting |
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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. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY |
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INFORMATION. The commission shall establish an online |
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clearinghouse of information relating to the use and recycling of |
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plastic checkout bags, including information on: |
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(1) alternatives to plastic checkout bags; |
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(2) companies that recycle plastic checkout bags; |
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(3) companies that sell biodegradable checkout bags; |
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and |
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(4) products that are made of recycled plastic from |
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checkout bags. |
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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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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 $200, except that, if |
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the person has previously been determined by the commission to have |
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violated the chapter: |
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(1) one time during the 12-month period preceding the |
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commission of the instant violation, the fine may not exceed $400; |
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or |
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(2) two or more times during the 24-month period |
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preceding the commission of the instant violation, the fine may not |
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exceed $600. |
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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, other than Section 376.003, shall be |
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assessed a civil penalty not greater than $100 for each day of each |
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violation as the court or jury considers proper. A person who |
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causes, suffers, allows, or permits a violation of a statute, rule, |
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order, or permit relating to any other matter within the |
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commission's jurisdiction to enforce, other than violations of |
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Chapter 11, 12, 13, 16, or 36 of this code, or Chapter 341, Health |
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and Safety Code, shall be assessed for each violation a civil |
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penalty not less than $50 nor greater than $25,000 for each day of |
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each violation as the court or jury considers proper. Each day of a |
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continuing violation is a separate 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, other than |
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Section 376.003, or a rule adopted or an order issued under that |
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chapter that the defendant has previously been assessed a civil |
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penalty for a violation of that chapter or a rule adopted or an |
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order issued under that chapter within the year before the date on |
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which the violation being tried occurred, the defendant shall be |
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assessed a civil penalty not 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, other than Section |
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376.003, or a rule adopted or an 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, other |
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than Section 376.003, or a rule adopted or an order issued under |
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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. (a) The Texas Commission on Environmental |
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Quality shall conduct a study to determine: |
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(1) the impact of Chapter 376, Health and Safety Code, |
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as added by this Act, on businesses and the environment; |
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(2) the effectiveness of the recycling programs |
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established under Chapter 376, Health and Safety Code, as added by |
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this Act; |
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(3) the number of businesses collecting the plastic |
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checkout bags from the collection bins and recycling the bags; and |
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(4) the feasibility and costs to businesses of using |
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checkout bags that are made from biodegradable plastic and other |
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alternate materials. |
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(b) Not later than January 1, 2013, the Texas Commission on |
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Environmental Quality shall submit a report regarding the results |
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of the study to the standing committees of the senate and house of |
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representatives having primary jurisdiction over environmental |
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issues. |
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SECTION 5. This Act takes effect January 1, 2012, except |
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that Section 376.006, Health and Safety Code, as added by this Act, |
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takes effect September 1, 2011. |