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A BILL TO BE ENTITLED
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AN ACT
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relating to the tracking of greenhouse gas emissions; creating a |
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civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 382, Health and Safety Code, is amended |
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by adding Subchapter J-1 to read as follows: |
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SUBCHAPTER J-1. GREENHOUSE GAS EMISSIONS TRACKING |
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Sec. 382.471. DEFINITIONS. In this subchapter: |
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(1) "Company" means a for-profit organization, |
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association, corporation, partnership, joint venture, statutory |
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trust, limited partnership, limited liability partnership, or |
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limited liability company, including a wholly owned subsidiary, |
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majority-owned subsidiary, parent, or affiliate of such an entity, |
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that produces tangible goods for sale and is not primarily in the |
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business of reporting news to the public. |
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(2) "Greenhouse gas emissions" has the meaning |
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assigned by Section 382.05102(a). |
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Sec. 382.472. EMISSIONS TRACKING PROHIBITED. (a) Except |
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as required by federal law, a company doing business in this state |
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may not directly or indirectly expend resources to track, |
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calculate, measure, assess, or estimate the greenhouse gas |
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emissions in this state directly or indirectly attributable to the |
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company for the purpose of complying with a federal or state law or |
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regulation or a law or regulation of a foreign country. |
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(b) A company, a nonprofit entity, or an agency or political |
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subdivision of this state, another state, or a foreign country may |
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not penalize or threaten to penalize a company doing business in |
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this state because of the company's compliance with Subsection (a). |
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Sec. 382.473. CIVIL PENALTY. (a) Notwithstanding Section |
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7.102, Water Code, a company that violates Section 382.472(a) or an |
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entity that penalizes or threatens to penalize a company in |
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violation of Section 382.472(b) is liable to this state for a civil |
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penalty in an amount that is equal to the greater of: |
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(1) $10,000; or |
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(2) twice the amount directly or indirectly expended |
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by the company to track, calculate, measure, assess, or estimate |
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the greenhouse gas emissions in this state directly or indirectly |
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attributable to the company. |
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(b) On the request of the executive director or the |
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commission, the attorney general shall institute a suit under |
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Subchapter D, Chapter 7, Water Code, to recover the penalty. |
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SECTION 2. Subchapter J-1, Chapter 382, Health and Safety |
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Code, as added by this Act, applies only to an expenditure of |
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resources by a company that is initiated on or after the effective |
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date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |