Texas 2009 - 81st Regular

Texas Senate Bill SB338 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Van de Putte S.B. No. 338
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to requirements for businesses that offer plastic checkout
7	7	bags to customers; providing civil and administrative penalties.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle B, Title 5, Health and Safety Code, is
10	10	amended by adding Chapter 376 to read as follows:
11	11	CHAPTER 376. PLASTIC CHECKOUT BAGS
12	12	Sec. 376.001. DEFINITIONS. In this chapter:
13	13	(1) "Business" means a commercial enterprise or
14	14	establishment, including a sole proprietorship, joint venture,
15	15	partnership, corporation, or other legally recognizable entity,
16	16	whether for profit or not for profit that:
17	17	(A) is a full-line, self-service retail store
18	18	with annual sales of $3 million or more and that sells a line of dry
19	19	grocery, canned goods, or nonfood items and some perishable items;
20	20	or
21	21	(B) has over 10,000 square feet of retail space
22	22	that generates sales or use tax and has a licensed pharmacy.
23	23	(2) "Checkout bag" means a carryout bag that is
24	24	provided by a store to a customer at the point of sale.
25	25	(3) "Commission" means the Texas Commission on
26	26	Environmental Quality.
27	27	(4) "Reusable bag" means a bag with handles that is
28	28	specifically designed and manufactured for multiple reuse and is
29	29	made of:
30	30	(A) cloth or other machine-washable fabric; or
31	31	(B) other durable material suitable for reuse,
32	32	including plastic that is at least 2.25 millimeters thick.
33	33	Sec. 376.002. APPLICABILITY. This chapter does not apply
34	34	to a business:
35	35	(1) with fewer than 51 employees; or
36	36	(2) whose principal business activity is providing
37	37	prepared food for immediate consumption.
38	38	Sec. 376.003. BUSINESS REQUIRED TO OFFER REUSABLE BAGS AT
39	39	REASONABLE PRICE. (a) A business that offers a plastic checkout
40	40	bag to a customer shall make a reusable bag available for sale at a
41	41	reasonable price and shall display the reusable bag at or near the
42	42	point of sale or the entrance to the business.
43	43	(b) A business described by Subsection (a) shall provide
44	44	training to an employee whose position may include offering a
45	45	plastic checkout bag to a customer. The training shall include
46	46	efficient bagging techniques, offering the sale or distribution of
47	47	reusable bags, and other procedures intended to reduce the
48	48	utilization of plastic checkout bags.
49	49	Sec. 376.004. RECYCLING PROGRAM. (a) Except as provided
50	50	by Subsections (b) and (c), a business that offers a plastic
51	51	checkout bag to a customer shall establish a plastic checkout bag
52	52	recycling program that requires the business to:
53	53	(1) print or display in a highly visible manner on the
54	54	outside of a plastic checkout bag provided by the business the words
55	55	"Please Return to a Participating Business for Recycling" or a
56	56	similar message to encourage recycling the bag;
57	57	(2) place in a visible, easily accessible location at
58	58	or near the entrance of the business a plastic checkout bag
59	59	collection bin clearly marked with information stating that the bin
60	60	is for the purpose of collecting and recycling plastic checkout
61	61	bags;
62	62	(3) maintain on a yearly basis records describing the
63	63	collection, transport, and recycling of plastic checkout bags under
64	64	the program established under this section; and
65	65	(4) make the records of the program available to the
66	66	commission on request.
67	67	(b) A business with only one opening for both customer
68	68	entrance and exit may comply with the requirements of Subsection
69	69	(a)(2) by placing near the entrance one plastic checkout bag
70	70	collection bin clearly marked with information stating that the bin
71	71	is for the purpose of collecting and recycling plastic checkout
72	72	bags.
73	73	(c) A business is exempt from establishing a plastic
74	74	checkout bag recycling program as required by Subsection (a) if:
75	75	(1) the business is not located in a municipality or a
76	76	county that operates a recycling program that accepts plastic
77	77	checkout bags; and
78	78	(2) a private recycling service that accepts plastic
79	79	checkout bags is not available to the business at a reasonable cost.
80	80	(d) A business required to maintain records under this
81	81	section may collect records in a centralized manner.
82	82	Sec. 376.005. PREEMPTION OF LOCAL ORDINANCE. This chapter
83	83	preempts a local ordinance or rule to the extent of any conflict
84	84	with this chapter.
85	85	Sec. 376.006. RULES. The commission shall adopt rules to
86	86	implement this chapter.
87	87	SECTION 2. Section 7.052, Water Code, is amended by adding
88	88	Subsection (b-3) to read as follows:
89	89	(b-3) The amount of the penalty for a violation of Chapter
90	90	376, Health and Safety Code, may not exceed:
91	91	(1) $200 for the first violation;
92	92	(2) $400 for the second violation, if the violation
93	93	occurs on or before the first anniversary of the date of the first
94	94	violation; or
95	95	(3) $600 for the third or a subsequent violation, if
96	96	the violation occurs on or before the first anniversary of the date
97	97	of the preceding violation.
98	98	SECTION 3. Subchapter C, Chapter 7, Water Code, is amended
99	99	by adding Section 7.076 to read as follows:
100	100	Sec. 7.076. AFFIRMATIVE DEFENSE. It is an affirmative
101	101	defense to the imposition of an administrative penalty for a
102	102	violation of Chapter 376, Health and Safety Code, if the business
103	103	corrects the condition causing the violation in a timely manner.
104	104	The affirmative defense is available for a violation of:
105	105	(1) Section 376.004(a)(2) or (b), Health and Safety
106	106	Code, resulting from the theft of a bin if the business replaces the
107	107	stolen bin within a reasonable period of time; or
108	108	(2) Section 376.003(a), Health and Safety Code,
109	109	resulting from the temporary lack of reusable bags for sale if the
110	110	business restocks the supply of reusable bags within a reasonable
111	111	period of time.
112	112	SECTION 4. Sections 7.102 and 7.103, Water Code, are
113	113	amended to read as follows:
114	114	Sec. 7.102. MAXIMUM PENALTY. A person who causes, suffers,
115	115	allows, or permits a violation of a statute, rule, order, or permit
116	116	relating to Chapter 37 of this code, Chapter 366, 371, or 372,
117	117	Health and Safety Code, Subchapter G, Chapter 382, Health and
118	118	Safety Code, or Chapter 1903, Occupations Code, shall be assessed
119	119	for each violation a civil penalty not less than $50 nor greater
120	120	than $5,000 for each day of each violation as the court or jury
121	121	considers proper. A business that causes, suffers, allows, or
122	122	permits a violation of a statute, rule, or order relating to Chapter
123	123	376, Health and Safety Code, shall be assessed a civil penalty not
124	124	greater than $100 for each day of each violation as the court or
125	125	jury considers proper. A person who causes, suffers, allows, or
126	126	permits a violation of a statute, rule, order, or permit relating to
127	127	any other matter within the commission's jurisdiction to enforce,
128	128	other than violations of Chapter 11, 12, 13, 16, or 36 of this code,
129	129	or Chapter 341, Health and Safety Code, shall be assessed for each
130	130	violation a civil penalty not less than $50 nor greater than $25,000
131	131	for each day of each violation as the court or jury considers
132	132	proper. Each day of a continuing violation is a separate
133	133	violation.
134	134	Sec. 7.103. CONTINUING VIOLATIONS. (a) Except as provided
135	135	by Subsection (b), if [If] it is shown on a trial of a defendant
136	136	that the defendant has previously been assessed a civil penalty for
137	137	a violation of a statute within the commission's jurisdiction or a
138	138	rule adopted or an order or a permit issued under such a statute
139	139	within the year before the date on which the violation being tried
140	140	occurred, the defendant shall be assessed a civil penalty not less
141	141	than $100 nor greater than $25,000 for each subsequent day and for
142	142	each subsequent violation.
143	143	(b) If it is shown on the trial of a defendant for a
144	144	violation of Chapter 376, Health and Safety Code, or a rule adopted
145	145	or an order issued under that chapter that the defendant has
146	146	previously been assessed a civil penalty for a violation of that
147	147	chapter or a rule adopted or an order issued under that chapter
148	148	within the year before the date on which the violation being tried
149	149	occurred, the defendant shall be assessed a civil penalty not
150	150	greater than:
151	151	(1) $200 if the violation being tried is the
152	152	defendant's second violation of that chapter or a rule adopted or an
153	153	order issued under that chapter; or
154	154	(2) $500 if the violation being tried is the
155	155	defendant's third or a subsequent violation of that chapter or a
156	156	rule adopted or an order issued under that chapter.
157	157	(c) Each day of a continuing violation is a separate
158	158	violation.
159	159	SECTION 5. Subchapter D, Chapter 7, Water Code, is amended
160	160	by adding Section 7.112 to read as follows:
161	161	Sec. 7.112. AFFIRMATIVE DEFENSE. It is an affirmative
162	162	defense to the imposition of a civil penalty for a violation of
163	163	Chapter 376, Health and Safety Code, if the business corrects the
164	164	condition causing the violation in a timely manner. The
165	165	affirmative defense is available for a violation of:
166	166	(1) Section 376.004(a)(2) or (b), Health and Safety
167	167	Code, resulting from the theft of a bin if the business replaces the
168	168	stolen bin within a reasonable period of time; or
169	169	(2) Section 376.003(a), Health and Safety Code,
170	170	resulting from the temporary lack of reusable bags for sale if the
171	171	business restocks the supply of reusable bags within a reasonable
172	172	period of time.
173	173	SECTION 6. Section 376.005, Health and Safety Code, as
174	174	added by this Act, applies only to local ordinances or rules adopted
175	175	on or after the effective date of this Act.
176	176	SECTION 7. This Act takes effect January 1, 2010, except
177	177	that Section 376.006, Health and Safety Code, as added by this Act,
178	178	takes effect September 1, 2009.