By: Deuell S.B. No. 1301
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to manufacturers' inclusion of denatonium benzoate in
  certain products containing ethylene glycol.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 501, Health and Safety
  Code, is amended by adding Section 501.0234 to read as follows:
         Sec. 501.0234.  DENATONIUM BENZOATE ADDITIVE REQUIREMENT
  FOR CERTAIN PRODUCTS CONTAINING ETHYLENE GLYCOL. (a)  This section
  applies to a product to be sold as antifreeze or engine coolant
  that:
               (1)  contains an ethylene glycol concentration greater
  than 10 percent by volume; and
               (2)  is manufactured after January 1, 2013.
         (b)  A manufacturer of a product described by Subsection (a)
  may not distribute the product for sale in this state unless the
  product includes denatonium benzoate in an amount of not less than
  30 parts per million and not more than 50 parts per million by
  weight.
         (c)  A manufacturer of a product described by Subsection (a)
  shall:
               (1)  maintain a record of the trade name, scientific
  name, and active ingredients of the denatonium benzoate additive
  used to comply with Subsection (b); and
               (2)  on request, make the record available to the
  public.
         (d)  Subject to Subsection (e), a manufacturer, processor,
  distributor, recycler, or seller of a product described by
  Subsection (a) that includes denatonium benzoate in the
  concentrations required by Subsection (b) is not liable to any
  person for any personal injury, death, property damage, damage to
  the environment, including natural resources, or economic loss that
  results from the inclusion of denatonium benzoate in the product.
         (e)  The limitation on liability provided by Subsection (d)
  does not apply to the extent that the cause of the liability is
  unrelated to the inclusion of denatonium benzoate in a product
  described by Subsection (a).
         (f)  This section does not exempt a manufacturer of
  denatonium benzoate from liability under other law.
         (g)  A political subdivision of this state may not adopt or
  enforce an ordinance, regulation, or policy that is inconsistent
  with or more restrictive than this section.
         (h)  This section does not apply to the sale of:
               (1)  a motor vehicle that contains a product described
  by Subsection (a); or
               (2)  a container sold at wholesale that contains 55
  gallons or more of antifreeze or engine coolant.
         SECTION 2.  A manufacturer is required to comply with
  Section 501.0234, Health and Safety Code, as added by this Act, only
  after January 1, 2013.
         SECTION 3.  This Act takes effect September 1, 2011.