| |
| |
|
|
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) 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. |
|
|
(g) 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. |