88R711 JES-D
 
  By: Howard, Johnson of Dallas, Slawson, H.B. No. 242
      Leach, et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to liability for the donation and distribution of feminine
  hygiene products.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 4, Civil Practice and Remedies Code, is
  amended by adding Chapter 89A to read as follows:
  CHAPTER 89A.  DONATION OF FEMININE HYGIENE PRODUCTS
         Sec. 89A.001.  DEFINITIONS. In this chapter:
               (1)  "Feminine hygiene product" means a tampon, a panty
  liner, a menstrual cup, a sanitary napkin, or other similar item
  used in connection with the menstrual cycle.
               (2)  "Nonprofit organization" means an organization
  exempt from federal income taxation under Section 501(a), Internal
  Revenue Code of 1986, as an organization described by Section
  501(c)(3) of that code.
         Sec. 89A.002.  LIABILITY FROM DONATION OF FEMININE HYGIENE
  PRODUCT. A person, including a manufacturer or distributor, is not
  subject to civil or criminal liability arising from the nature,
  age, packaging, or condition of a feminine hygiene product that the
  person donates in good faith to a nonprofit organization for
  distribution to individuals in need of the products if the donated
  product meets all quality and labeling standards imposed by law at
  the time the product is donated, even if the product is not readily
  marketable.
         Sec. 89A.003.  NONPROFIT ORGANIZATION LIABILITY FROM
  DISTRIBUTED FEMININE HYGIENE PRODUCT. A nonprofit organization is
  not subject to civil or criminal liability arising from the nature,
  age, packaging, or condition of a feminine hygiene product donated
  to the organization that the organization distributes to
  individuals in need of the products if the donated product meets all
  quality and labeling standards imposed by law at the time the
  product is distributed, even if the product is not readily
  marketable.
         Sec. 89A.004.  EXCEPTIONS. This chapter does not apply to a
  person who donates a feminine hygiene product or a nonprofit
  organization that distributes a donated feminine hygiene product if
  the person or organization, as applicable, intentionally or with
  gross negligence donates or distributes a product that results in
  injury to or death of an individual who uses or receives the
  product.
         SECTION 2.  Chapter 89A, Civil Practice and Remedies Code,
  as added by this Act, applies only to a cause of action that accrues
  on or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2023.