Texas 2009 81st Regular

Texas Senate Bill SB338 Engrossed / Fiscal Note

Filed 02/01/2025

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                    LEGISLATIVE BUDGET BOARD    Austin, Texas      FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION            May 15, 2009      TO: Honorable Byron Cook, Chair, House Committee on Environmental Regulation      FROM: John S. O'Brien, Director, Legislative Budget Board     IN RE:SB338 by Van de Putte (Relating to requirements for businesses that offer plastic checkout bags to customers; providing civil and administrative penalties.), As Engrossed    No significant fiscal implication to the State is anticipated.  The bill would require that businesses with with annual sales of at least $3 million that sell groceries or have a retail sales space of over 10,000 square feet that includes a licensed pharmacy and offer plastic checkout bags to customers establish a checkout bag recycling program. The recycling program would include requirements for offering a reusable bag for sale, the printing of recycling information on the bags, placement of collection bins, and maintenance of records documenting recycling efforts. The bill also would include provisions for penalties for violations. The Texas Commission on Environmental Quality (TCEQ) would be charged with enforcing the provisions of the bill.  The TCEQ reports that the bill could have a significant impact to the field investigation, enforcement, legal, and Small Business and Environmental Assistance programs within the agency. However, because the bill does not mandate scheduled investigations or enforcement, this estimate assumes that the bulk of TCEQs compliance efforts will primarily be geared towards providing assistance. This estimate also assumes that the TCEQ would receive a minimal number of complaints or reports of violation. Therefore, no significant fiscal impact to the TCEQ is expected.  Local Government Impact No significant fiscal implication to units of local government is anticipated.    Source Agencies:582 Commission on Environmental Quality, 302 Office of the Attorney General   LBB Staff:  JOB, SD, JRO, TL    

LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
May 15, 2009





  TO: Honorable Byron Cook, Chair, House Committee on Environmental Regulation      FROM: John S. O'Brien, Director, Legislative Budget Board     IN RE:SB338 by Van de Putte (Relating to requirements for businesses that offer plastic checkout bags to customers; providing civil and administrative penalties.), As Engrossed  

TO: Honorable Byron Cook, Chair, House Committee on Environmental Regulation
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: SB338 by Van de Putte (Relating to requirements for businesses that offer plastic checkout bags to customers; providing civil and administrative penalties.), As Engrossed

 Honorable Byron Cook, Chair, House Committee on Environmental Regulation 

 Honorable Byron Cook, Chair, House Committee on Environmental Regulation 

 John S. O'Brien, Director, Legislative Budget Board

 John S. O'Brien, Director, Legislative Budget Board

SB338 by Van de Putte (Relating to requirements for businesses that offer plastic checkout bags to customers; providing civil and administrative penalties.), As Engrossed

SB338 by Van de Putte (Relating to requirements for businesses that offer plastic checkout bags to customers; providing civil and administrative penalties.), As Engrossed



No significant fiscal implication to the State is anticipated.

No significant fiscal implication to the State is anticipated.



The bill would require that businesses with with annual sales of at least $3 million that sell groceries or have a retail sales space of over 10,000 square feet that includes a licensed pharmacy and offer plastic checkout bags to customers establish a checkout bag recycling program. The recycling program would include requirements for offering a reusable bag for sale, the printing of recycling information on the bags, placement of collection bins, and maintenance of records documenting recycling efforts. The bill also would include provisions for penalties for violations. The Texas Commission on Environmental Quality (TCEQ) would be charged with enforcing the provisions of the bill.  The TCEQ reports that the bill could have a significant impact to the field investigation, enforcement, legal, and Small Business and Environmental Assistance programs within the agency. However, because the bill does not mandate scheduled investigations or enforcement, this estimate assumes that the bulk of TCEQs compliance efforts will primarily be geared towards providing assistance. This estimate also assumes that the TCEQ would receive a minimal number of complaints or reports of violation. Therefore, no significant fiscal impact to the TCEQ is expected. 

The bill would require that businesses with with annual sales of at least $3 million that sell groceries or have a retail sales space of over 10,000 square feet that includes a licensed pharmacy and offer plastic checkout bags to customers establish a checkout bag recycling program. The recycling program would include requirements for offering a reusable bag for sale, the printing of recycling information on the bags, placement of collection bins, and maintenance of records documenting recycling efforts. The bill also would include provisions for penalties for violations. The Texas Commission on Environmental Quality (TCEQ) would be charged with enforcing the provisions of the bill. 

The TCEQ reports that the bill could have a significant impact to the field investigation, enforcement, legal, and Small Business and Environmental Assistance programs within the agency. However, because the bill does not mandate scheduled investigations or enforcement, this estimate assumes that the bulk of TCEQs compliance efforts will primarily be geared towards providing assistance. This estimate also assumes that the TCEQ would receive a minimal number of complaints or reports of violation. Therefore, no significant fiscal impact to the TCEQ is expected. 

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies: 582 Commission on Environmental Quality, 302 Office of the Attorney General

582 Commission on Environmental Quality, 302 Office of the Attorney General

LBB Staff: JOB, SD, JRO, TL

 JOB, SD, JRO, TL