2011S0433-1 02/16/11
By: Hancock H.B. No. 1913
A BILL TO BE ENTITLED
AN ACT
relating to requirements for businesses that offer plastic checkout
bags to customers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 5, Health and Safety Code, is
amended by adding Chapter 376 to read as follows:
CHAPTER 376. PLASTIC CHECKOUT BAGS
Sec. 376.001. POLICY AND PURPOSE. The policy of this state
and the purpose of this chapter are to encourage the recycling of
plastic checkout bags and to require the applicable businesses to
use checkout bags that are made of recyclable material and to offer
reusable bags at a reasonable price.
Sec. 376.002. DEFINITIONS. In this chapter:
(1) "Business" means a commercial enterprise or
establishment, including a sole proprietorship, joint venture,
partnership, corporation, or other legally recognizable entity,
whether for profit or not for profit, that:
(A) is a full-line, self-service retail store;
(B) has annual sales of $5 million or more, not
including sales of motor fuel as defined by Section 162.001, Tax
Code;
(C) sells a line of dry grocery, canned goods,
and at least some perishable food items; and
(D) has over 20,000 square feet of retail space.
(2) "Checkout bag" means a carryout bag that is
provided by a business to a customer at the point of sale. The term
does not include a reusable bag.
(3) "Commission" means the Texas Commission on
Environmental Quality.
(4) "Reusable bag" means a bag with handles that is
specifically designed and manufactured for multiple reuse and is
made of:
(A) cloth or other machine-washable fabric; or
(B) other durable material suitable for reuse,
including plastic that is at least 2.25 millimeters thick.
Sec. 376.003. APPLICABILITY. This chapter does not apply
to a business with fewer than 51 employees per business location.
Sec. 376.004. BUSINESS REQUIRED TO OFFER REUSABLE BAGS AT
REASONABLE PRICE. (a) A business that offers a plastic checkout
bag to a customer shall make reusable bags available for sale at a
reasonable price and shall display the reusable bags at or near the
point of sale or the entrance to the business.
(b) A business described by Subsection (a) shall provide
training to an employee whose position may include offering a
plastic checkout bag to a customer. The training shall include
efficient bagging techniques, offering the sale or distribution of
reusable bags, and other procedures intended to reduce the use of
plastic checkout bags.
Sec. 376.005. RECYCLING PROGRAM. (a) Except as provided
by Subsection (b), a business that offers a plastic checkout bag to
a customer shall establish a plastic checkout bag recycling program
that requires the business to:
(1) print or display in a highly visible manner on the
outside of a plastic checkout bag provided by the business the words
"Please Return to a Participating Business for Recycling" or a
similar message to encourage recycling of the bag;
(2) place in a visible, easily accessible location at
or near the entrance of the business a plastic checkout bag
collection bin clearly marked with information stating that the bin
is for the purpose of collecting and recycling plastic checkout
bags;
(3) maintain a record describing the collection,
transport, and recycling of plastic checkout bags under the program
established under this section until at least the second
anniversary of the date the record is made; and
(4) make the record available to the commission on
request.
(b) A business is exempt from establishing a plastic
checkout bag recycling program as required by Subsection (a) if:
(1) there is no public recycling program that accepts
plastic checkout bags in the county in which the business is
located; and
(2) a private recycling service that accepts plastic
checkout bags is not available to the business at a reasonable cost.
Sec. 376.006. RULES. The commission shall adopt rules to
implement this chapter.
Sec. 376.007. PREEMPTION OF LOCAL ORDINANCE. This chapter
preempts a local ordinance or rule to the extent of any conflict
with this chapter.
SECTION 2. This Act takes effect January 1, 2012.