Texas 2009 - 81st Regular

Texas House Bill HB1867 Compare Versions

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

Old	New	Differences
1	1	81R2565 JE-D
2	2	By: Anchia H.B. No. 1867
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requirements for businesses that offer plastic checkout
8	8	bags to customers; providing civil and administrative penalties.
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. CHECKOUT BAGS
13	13	Sec. 376.001. DEFINITIONS. In this chapter:
14	14	(1) "Business" means a commercial enterprise or
15	15	establishment, including a sole proprietorship, joint venture,
16	16	partnership, corporation, or other legally recognizable entity,
17	17	whether for profit or not for profit.
18	18	(2) "Checkout bag" means a carryout bag that is
19	19	provided by a store to a customer at the point of sale.
20	20	(3) "Commission" means the Texas Commission on
21	21	Environmental Quality.
22	22	(4) "Reusable bag" means a bag with handles that is
23	23	specifically designed and manufactured for multiple reuse and is
24	24	made of:
25	25	(A) cloth or other machine-washable fabric; or
26	26	(B) other durable material suitable for reuse,
27	27	including plastic that is at least 2.25 millimeters thick.
28	28	Sec. 376.002. APPLICABILITY. This chapter does not apply
29	29	to a business with fewer than 51 employees.
30	30	Sec. 376.003. BUSINESS REQUIRED TO OFFER REUSABLE BAGS AT
31	31	REASONABLE PRICE. (a) A business that offers a plastic checkout
32	32	bag to a customer shall make a reusable bag available for sale at a
33	33	reasonable price.
34	34	(b) Before an employee of a business described by Subsection
35	35	(a) provides a customer with a plastic checkout bag, the employee
36	36	shall ask the customer if the customer would like to purchase a
37	37	reusable bag.
38	38	Sec. 376.004. RECYCLING PROGRAM. A business that offers a
39	39	plastic checkout bag to a customer shall establish a checkout bag
40	40	recycling program that requires the business to:
41	41	(1) print or display in a highly visible manner on the
42	42	outside of a plastic checkout bag provided by the business the words
43	43	"Please Return to a Participating Business for Recycling";
44	44	(2) place in a visible, easily accessible location at
45	45	each location at which the business offers a plastic checkout bag to
46	46	a customer, a plastic checkout bag collection bin clearly marked
47	47	with information stating that the bin is for the purpose of
48	48	collecting and recycling plastic checkout bags;
49	49	(3) maintain records describing the collection,
50	50	transport, and recycling of plastic checkout bags under the program
51	51	established under this section; and
52	52	(4) make the records of the program available to the
53	53	commission on request.
54	54	Sec. 376.005. RULES. The commission shall adopt rules to
55	55	implement this chapter.
56	56	SECTION 2. Section 7.052, Water Code, is amended by adding
57	57	Subsection (b-3) to read as follows:
58	58	(b-3) The amount of the penalty for a violation of Chapter
59	59	376, Health and Safety Code, may not exceed:
60	60	(1) $200 for the first violation;
61	61	(2) $400 for the second violation, if the violation
62	62	occurs on or before the first anniversary of the date of the first
63	63	violation; or
64	64	(3) $600 for the third or a subsequent violation, if
65	65	the violation occurs on or before the first anniversary of the date
66	66	of the preceding violation.
67	67	SECTION 3. Sections 7.102 and 7.103, Water Code, are
68	68	amended to read as follows:
69	69	Sec. 7.102. MAXIMUM PENALTY. A person who causes, suffers,
70	70	allows, or permits a violation of a statute, rule, order, or permit
71	71	relating to Chapter 37 of this code, Chapter 366, 371, or 372,
72	72	Health and Safety Code, Subchapter G, Chapter 382, Health and
73	73	Safety Code, or Chapter 1903, Occupations Code, shall be assessed
74	74	for each violation a civil penalty not less than $50 nor greater
75	75	than $5,000 for each day of each violation as the court or jury
76	76	considers proper. A business that causes, suffers, allows, or
77	77	permits a violation of a statute, rule, or order relating to Chapter
78	78	376, Health and Safety Code, shall be assessed a civil penalty not
79	79	greater than $100 for each day of each violation as the court or
80	80	jury considers proper. A person who causes, suffers, allows, or
81	81	permits a violation of a statute, rule, order, or permit relating to
82	82	any other matter within the commission's jurisdiction to enforce,
83	83	other than violations of Chapter 11, 12, 13, 16, or 36 of this code,
84	84	or Chapter 341, Health and Safety Code, shall be assessed for each
85	85	violation a civil penalty not less than $50 nor greater than $25,000
86	86	for each day of each violation as the court or jury considers
87	87	proper. Each day of a continuing violation is a separate
88	88	violation.
89	89	Sec. 7.103. CONTINUING VIOLATIONS. (a) Except as provided
90	90	by Subsection (b), if [If] it is shown on a trial of a defendant that
91	91	the defendant has previously been assessed a civil penalty for a
92	92	violation of a statute within the commission's jurisdiction or a
93	93	rule adopted or an order or a permit issued under such a statute
94	94	within the year before the date on which the violation being tried
95	95	occurred, the defendant shall be assessed a civil penalty not less
96	96	than $100 nor greater than $25,000 for each subsequent day and for
97	97	each subsequent violation.
98	98	(b) If it is shown on the trial of a defendant for a
99	99	violation of Chapter 376, Health and Safety Code, or a rule adopted
100	100	or an order issued under that chapter that the defendant has
101	101	previously been assessed a civil penalty for a violation of that
102	102	chapter or a rule adopted or an order issued under that chapter
103	103	within the year before the date on which the violation being tried
104	104	occurred, the defendant shall be assessed a civil penalty not
105	105	greater than:
106	106	(1) $200 if the violation being tried is the
107	107	defendant's second violation of that chapter or a rule adopted or an
108	108	order issued under that chapter; or
109	109	(2) $500 if the violation being tried is the
110	110	defendant's third or a subsequent violation of that chapter or a
111	111	rule adopted or an order issued under that chapter.
112	112	(c) Each day of a continuing violation is a separate
113	113	violation.
114	114	SECTION 4. This Act takes effect January 1, 2010, except
115	115	that Section 376.005, Health and Safety Code, as added by this Act,
116	116	takes effect September 1, 2009.