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AN ACT
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relating to liability for the donation and distribution of feminine |
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hygiene products. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 89A to read as follows: |
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CHAPTER 89A. DONATION OF FEMININE HYGIENE PRODUCTS |
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Sec. 89A.001. DEFINITIONS. In this chapter: |
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(1) "Feminine hygiene product" means a tampon, a panty |
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liner, a menstrual cup, a sanitary napkin, or other similar item |
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used in connection with the menstrual cycle. |
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(2) "Nonprofit organization" means an organization |
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exempt from federal income taxation under Section 501(a), Internal |
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Revenue Code of 1986, as an organization described by Section |
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501(c)(3) of that code. |
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Sec. 89A.002. LIABILITY FROM DONATION OF FEMININE HYGIENE |
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PRODUCT. A person, including a manufacturer or distributor, is not |
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subject to civil or criminal liability arising from the nature, |
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age, packaging, or condition of a feminine hygiene product that the |
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person donates in good faith to a nonprofit organization for |
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distribution to individuals in need of the products if the donated |
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product meets all quality and labeling standards imposed by law at |
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the time the product is donated, even if the product is not readily |
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marketable. |
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Sec. 89A.003. NONPROFIT ORGANIZATION LIABILITY FROM |
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DISTRIBUTED FEMININE HYGIENE PRODUCT. A nonprofit organization is |
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not subject to civil or criminal liability arising from the nature, |
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age, packaging, or condition of a feminine hygiene product donated |
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to the organization that the organization distributes to |
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individuals in need of the products if the donated product meets all |
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quality and labeling standards imposed by law at the time the |
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product is distributed, even if the product is not readily |
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marketable. |
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Sec. 89A.004. EXCEPTIONS. This chapter does not apply to a |
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person who donates a feminine hygiene product or a nonprofit |
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organization that distributes a donated feminine hygiene product if |
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the person or organization, as applicable, intentionally or with |
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gross negligence donates or distributes a product that results in |
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injury to or death of an individual who uses or receives the |
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product. |
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SECTION 2. Chapter 89A, Civil Practice and Remedies Code, |
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as added by this Act, applies only to a cause of action that accrues |
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on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 242 was passed by the House on April |
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11, 2023, by the following vote: Yeas 145, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 242 was passed by the Senate on May |
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11, 2023, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |