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A BILL TO BE ENTITLED
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AN ACT
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relating to manufacturers' inclusion of denatonium benzoate in |
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certain products containing ethylene glycol. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 501, Health and Safety |
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Code, is amended by adding Section 501.0234 to read as follows: |
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Sec. 501.0234. DENATONIUM BENZOATE ADDITIVE REQUIREMENT |
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FOR CERTAIN PRODUCTS CONTAINING ETHYLENE GLYCOL. (a) This section |
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applies to a product to be sold as antifreeze or engine coolant |
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that: |
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(1) contains an ethylene glycol concentration greater |
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than 10 percent by volume; and |
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(2) is manufactured after January 1, 2013. |
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(b) A manufacturer of a product described by Subsection (a) |
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may not distribute the product for sale in this state unless the |
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product includes denatonium benzoate in an amount of not less than |
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30 parts per million and not more than 50 parts per million by |
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weight. |
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(c) A manufacturer of a product described by Subsection (a) |
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shall: |
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(1) maintain a record of the trade name, scientific |
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name, and active ingredients of the denatonium benzoate additive |
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used to comply with Subsection (b); and |
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(2) on request, make the record available to the |
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public. |
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(d) Subject to Subsection (e), a manufacturer, processor, |
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distributor, recycler, or seller of a product described by |
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Subsection (a) that includes denatonium benzoate in the |
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concentrations required by Subsection (b) is not liable to any |
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person for any personal injury, death, property damage, damage to |
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the environment, including natural resources, or economic loss that |
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results from the inclusion of denatonium benzoate in the product. |
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(e) The limitation on liability provided by Subsection (d) |
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does not apply to the extent that the cause of the liability is |
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unrelated to the inclusion of denatonium benzoate in a product |
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described by Subsection (a). |
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(f) This section does not exempt a manufacturer of |
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denatonium benzoate from liability under other law. |
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(g) A political subdivision of this state may not adopt or |
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enforce an ordinance, regulation, or policy that is inconsistent |
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with or more restrictive than this section. |
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(h) This section does not apply to the sale of: |
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(1) a motor vehicle that contains a product described |
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by Subsection (a); or |
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(2) a container sold at wholesale that contains 55 |
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gallons or more of antifreeze or engine coolant. |
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SECTION 2. A manufacturer is required to comply with |
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Section 501.0234, Health and Safety Code, as added by this Act, only |
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after January 1, 2013. |
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SECTION 3. This Act takes effect September 1, 2011. |