81R5621 ALB-D By: Alvarado H.B. No. 1524 A BILL TO BE ENTITLED AN ACT relating to prohibiting the manufacture and sale of certain children's products containing bisphenol-A or certain other substances. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 501, Health and Safety Code, is amended by adding Section 501.0237 to read as follows: Sec. 501.0237. BISPHENOL-A PROHIBITED IN CERTAIN PRODUCTS. (a) In this section, "child's product" means: (1) a toy designed or intended to be used for play by a child younger than three years of age; (2) cosmetics designed or intended to be used by a child younger than three years of age; (3) jewelry designed or intended for a child younger than three years of age; or (4) a product designed or intended for an infant or child younger than three years of age to help with sucking or teething or to facilitate sleep, relaxation, or feeding of the infant or child. (b) A person may not manufacture or sell a child's product containing bisphenol-A. (b-1) Notwithstanding Subsections (b), (c), and (d), a person may manufacture or sell an infant formula container containing bisphenol-A. This subsection expires January 1, 2013. (c) A person may not manufacture or sell a child's product containing any chemical that is: (1) classified as "known to be a human carcinogen" or "reasonably anticipated to be a human carcinogen" in the latest Report on Carcinogens published by the National Toxicology Program administered by the United States Department of Health and Human Services; or (2) identified by the United States Environmental Protection Agency as causing birth defects, hormone disruption, or harm to human reproduction or fetal development. (d) A product described by Subsection (b) or (c) is a banned hazardous substance for purposes of this chapter. SECTION 2. This Act takes effect September 1, 2009.