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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of certain retail distribution centers; |
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providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 9, Health and Safety Code, is |
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amended by adding Chapter 761 to read as follows: |
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CHAPTER 761. REGULATION OF CERTAIN RETAIL DISTRIBUTION CENTERS |
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Sec. 761.001. DEFINITION. In this chapter, "retail |
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distribution center" means a facility that is primarily used for |
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the temporary storage of consumer goods, as defined by Section |
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9.102, Business & Commerce Code, for delivery to: |
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(1) a retail store; or |
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(2) a customer. |
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Sec. 761.002. APPLICABILITY. This chapter applies only to |
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a retail distribution center: |
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(1) that is located outside the corporate limits of a |
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municipality; and |
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(2) the operation of which results in the following: |
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(A) 800 or more total vehicle trips to and from |
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the center per day; |
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(B) 400 or more vehicle trips to the center per |
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day; or |
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(C) 400 or more vehicle trips from the center per |
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day. |
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Sec. 761.003. PROHIBITED PROXIMITY TO SCHOOL OR HOSPITAL. |
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A retail distribution center to which this chapter applies may not |
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be located within two miles of: |
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(1) a public or private school, including an |
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open-enrollment charter school; or |
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(2) a hospital licensed under Chapter 241, Health and |
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Safety Code. |
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Sec. 761.004. ENFORCEMENT; CIVIL PENALTY. (a) A person who |
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operates a retail distribution center that violates Section 761.003 |
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is liable for a civil penalty of not more than $1,000. Each day a |
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violation continues may be considered a separate violation for |
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purposes of a civil penalty under this section. |
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(b) The attorney general or the appropriate district or |
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county attorney may bring an action on behalf of this state to |
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collect a civil penalty under this section. |
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(c) The attorney general or the appropriate district or |
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county attorney, as applicable, shall deposit a civil penalty in |
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the state treasury to the credit of the general revenue fund. |
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SECTION 2. This Act takes effect September 1, 2025. |