Texas 2009 - 81st Regular

Texas House Bill HB1361 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3490 JE-D
2	2	By: Anchia H.B. No. 1361
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the imposition of a fee for certain plastic bags
8	8	provided to customers by retailers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 5, Health and Safety Code, is
11	11	amended by adding Chapter 376 to read as follows:
12	12	CHAPTER 376. PLASTIC CARRYOUT BAGS
13	13	Sec. 376.001. DEFINITIONS. In this chapter:
14	14	(1) "Compostable plastic bag" means a plastic bag that
15	15	meets the standard for compostable plastics developed by the
16	16	American Society for Testing and Materials International as
17	17	specified in ASTM D6400-04 as that standard existed on January 1,
18	18	2009.
19	19	(2) "Disposable plastic bag" means a plastic carryout
20	20	bag that is provided by a retailer to a customer at the point of
21	21	sale. The term does not include a reusable plastic bag.
22	22	(3) "Retailer" means a person engaged in the business
23	23	of selling goods directly to a customer.
24	24	(4) "Reusable plastic bag" means a bag with handles
25	25	that is specifically designed and manufactured for multiple reuses
26	26	and is made of plastic that is at least 2.25 millimeters thick.
27	27	Sec. 376.002. DISPOSABLE PLASTIC BAG FEE. Except as
28	28	provided by Section 376.003, a fee of seven cents is imposed on a
29	29	customer for each disposable plastic bag provided to the customer
30	30	to carry out or protect goods purchased from a retailer.
31	31	Sec. 376.003. EXEMPTIONS. A fee may not be imposed under
32	32	Section 376.002 for:
33	33	(1) a disposable plastic bag that is used solely to
34	34	contain a product with no other packaging, including bulk grains,
35	35	fruit, nuts, vegetables, or other food products; or
36	36	(2) a compostable plastic bag.
37	37	Sec. 376.004. COLLECTION BY RETAILER. (a) A retailer who
38	38	provides a disposable plastic bag to a customer shall collect the
39	39	fee imposed by Section 376.002. Except as provided by Subsection
40	40	(d), the retailer shall remit the fee to the comptroller.
41	41	(b) The retailer shall add the fee imposed by Section
42	42	376.002 to the total price of the goods sold to the customer, and
43	43	the fee is a part of the sales price, is a debt owed to the retailer
44	44	by the customer, and is recoverable at law in the same manner as the
45	45	original sales price.
46	46	(c) The amount of the fee shall be stated separately on a
47	47	sales receipt, invoice, or other record of sale.
48	48	(d) A retailer may retain three percent of the total amount
49	49	of the fees collected under Subsection (a) as reimbursement for any
50	50	costs associated with the collection of the fees.
51	51	Sec. 376.005. ADMINISTRATION, COLLECTION, AND ENFORCEMENT
52	52	BY COMPTROLLER. The comptroller shall adopt any rules for the
53	53	administration, payment, collection, and enforcement of the fee
54	54	imposed by this chapter.
55	55	Sec. 376.006. LOCAL RECYCLING PROGRAM ASSISTANCE ACCOUNT.
56	56	(a) The local recycling program assistance account is established
57	57	as an account in the general revenue fund.
58	58	(b) The comptroller shall deposit the revenue received from
59	59	the fee imposed by Section 376.002 to the credit of the account.
60	60	(c) Money in the account may be appropriated only to
61	61	counties and municipalities for the support of local recycling
62	62	programs.
63	63	SECTION 2. Section 376.002, Health and Safety Code, as
64	64	added by this Act, applies only to the provision by a retailer of a
65	65	disposable plastic bag on or after the effective date of this Act.
66	66	SECTION 3. (a) Except as provided by Subsection (b) of this
67	67	section, this Act takes effect January 1, 2010.
68	68	(b) Section 376.005, Health and Safety Code, as added by
69	69	this Act, takes effect September 1, 2009.