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A BILL TO BE ENTITLED
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AN ACT
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relating to the production, sale, and use of certain agricultural |
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products containing perfluoroalkyl and polyfluoroalkyl substances |
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(PFAS) in Johnson County, Texas; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 63.001, Agriculture Code, is amended by |
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adding Subsections (13-a) and (15-a) to read as follows: |
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(13-a) "Perfluoroalkyl and polyfluoroalkyl |
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substances" means any member of the class of manufactured |
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fluorinated chemicals containing at least one fully fluorinated |
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carbon atom. |
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(15-a) "Sewage sludge" means any solid, semisolid, or |
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liquid residue generated during treatment of sewage or septage at a |
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municipal, commercial, or industrial wastewater treatment |
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facility. |
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SECTION 2. Section 63.002, Agriculture Code, is amended by |
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amending Subsection (a) to read as follows: |
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Sec. 63.002. COMMERCIAL FERTILIZER. (a) Except as |
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otherwise provided by this section, a substance is a commercial |
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fertilizer subject to this chapter if it is: |
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(1) a fertilizer material; |
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(2) a mixed fertilizer; |
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(3) a customer-formula fertilizer; |
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(4) another substance, material, or element, |
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including a pesticide, that is intended for use or is used as an |
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ingredient or component of a mixture of materials that is used, |
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designed or represented for use, or claimed to have value, in |
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promoting plant growth; or |
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(5) any biosolid, compost, wastewater residuals, |
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industrial or sewage septage, sewage sludge, lagoon residuals, or |
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other material intended for use as a fertilizer, soil amendment, |
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topsoil replacement, or other similar agricultural purpose that |
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contains or was produced from sewage sludge. |
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SECTION 3. Subchapter F, Chapter 63, Agriculture Code, is |
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amended by adding Section 63.096 to read as follows: |
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Sec. 63.096. PROVISIONS RELATED TO PRODUCTS CONTAINING |
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PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. (a) This section |
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applies only to a county with a population of more than 175,000 and |
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less than 195,000 according to the most recent federal decennial |
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census. |
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(b) Except as otherwise provided in this Chapter, a person |
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may not manufacture, sell, distribute, or apply any material |
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described by Section 63.002(a)(5) with a concentration of |
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perfluoroalkyl and polyfluoroalkyl substances above the following |
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levels: |
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(1) Perfluorobutyric acid - 28,800 parts per trillion; |
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(2) Perfluorobutane sulfonate - 40,300 parts per |
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trillion; |
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(3) Perfluoropentanoic acid - 14,400 parts per |
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trillion; |
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(4) Perfluorohexane sulfonate - 300 parts per |
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trillion; |
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(5) Perfluorohexanoic acid - 9,400 parts per trillion; |
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(6) Perfluoroheptanoic acid - 400 parts per trillion; |
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(7) Perfluorooctanoic sultanate - 5,100 parts per |
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trillion; |
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(8) Perfluorooctanoic acid - 900 parts per trillion; |
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(9) Perfluorooctane sulfonamide - 2,700 parts per |
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trillion; |
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(10) Perfluorononanoic acid - 1,500 parts per |
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trillion; |
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(11) Perfluorodecanoic acid - 800 parts per trillion; |
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(12) Perfluorodecane sulfonate - 800 parts per |
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trillion; |
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(13) Perfluoroundecanoic acid - 800 parts per |
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trillion; |
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(14) Perfluorododecanoic acid - 800 parts per |
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trillion; |
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(15) Perfluorotridecanoic acid - 800 parts per |
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trillion; |
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(16) Perfluorotetradecanoic acid - 800 parts per |
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trillion; |
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(17) GenX Chemicals - 800 parts per trillion. |
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(c) Each month, a manufacturer of any material described by |
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Section 63.002(a)(5) located in or distributing products for |
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application in a county described by Subsection (a) shall send a |
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sample identified as required by Section 63.093 to the Texas A&M |
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AgriLife Extension Service for independent analysis for the |
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presence of perfluoroalkyl and polyfluoroalkyl substances. |
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(d) If the service finds that a sample contains |
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concentrations above the levels in Subsection (b), the service |
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shall notify the manufacturer and the manufacturer shall dispose of |
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the batch through an appropriate hazardous waste management unit or |
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incineration. |
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(e) Additional enforcement, recordkeeping, stop-sale |
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orders, and suspension provisions apply as provided by this |
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chapter. |
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SECTION 4. Subchapter H, Chapter 63, Agriculture Code, is |
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amended by adding Section 63.147 to read as follows: |
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Sec. 63.147. UNLAWFUL DISTRIBUTION OF PRODUCTS CONTAINING |
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PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. (a) This section |
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applies only to a county described by Section 63.096(a). |
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(b) A person commits an offense if the person, acting |
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intentionally or knowingly, sells, distributes, manufactures, or |
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applies any material described by Section 63.002(a)(5) with a |
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concentration of perfluoroalkyl and polyfluoroalkyl substances |
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above the levels listed in Section 63.096(b) in the county |
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described by Section 63.096(a). |
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(c) Except as provided by Subsection (d), an offense under |
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this section is a Class A misdemeanor. |
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(d) If it is shown on the trial of the offense that the |
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defendant has previously been convicted of an offense under this |
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section, the offense is a state jail felony. |
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SECTION 5. This Act takes effect September 1, 2026. |