82R9981 JE-D
By: Hernandez Luna H.B. No. 3236
A BILL TO BE ENTITLED
AN ACT
relating to requirements for businesses that offer plastic checkout
bags to customers; providing civil and administrative penalties.
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. CHECKOUT BAGS
Sec. 376.001. 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.
(2) "Checkout bag" means a carryout bag that is
provided by a store to a customer at the point of sale.
(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.
(5) "Shopping mall" means an enclosed public walkway
or hall area that connects retail, service, or professional
establishments.
Sec. 376.002. APPLICABILITY. This chapter does not apply
to a business:
(1) with fewer than 51 employees;
(2) that provides plastic checkout bags to less than
10 percent of the business's customers; or
(3) whose principal business activity is providing
prepared food for immediate consumption.
Sec. 376.003. BUSINESS REQUIRED TO OFFER REUSABLE BAGS AT
REASONABLE PRICE. (a) A business that offers a plastic checkout
bag to a customer shall:
(1) make a reusable bag available for sale at a
reasonable price; and
(2) display the reusable bag at or near the point of
sale.
(b) Before an employee of the business provides a customer
with a plastic checkout bag, the employee shall ask the customer if
the customer would like to purchase a reusable bag.
Sec. 376.004. RECYCLING PROGRAM. A business that offers a
plastic checkout bag to a customer shall establish a 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";
(2) place in a visible, easily accessible location
near each public entrance of either a business or a shopping mall
that contains a business that offers a plastic checkout bag to a
customer 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 records describing the collection,
transport, and recycling of plastic checkout bags under the program
established under this section; and
(4) make the records of the program available to the
commission on request.
Sec. 376.005. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
INFORMATION. The commission shall establish an online
clearinghouse of information relating to the use and recycling of
plastic checkout bags, including information on:
(1) alternatives to plastic checkout bags;
(2) companies that recycle plastic checkout bags;
(3) companies that sell biodegradable checkout bags;
and
(4) products that are made of recycled plastic from
checkout bags.
Sec. 376.006. RULES. The commission shall adopt rules to
implement this chapter.
SECTION 2. Section 7.052, Water Code, is amended by adding
Subsection (b-3) to read as follows:
(b-3) The amount of the penalty for a violation of Chapter
376, Health and Safety Code, may not exceed $200, except that, if
the person has previously been determined by the commission to have
violated the chapter:
(1) one time during the 12-month period preceding the
commission of the instant violation, the fine may not exceed $400;
or
(2) two or more times during the 24-month period
preceding the commission of the instant violation, the fine may not
exceed $600.
SECTION 3. Sections 7.102 and 7.103, Water Code, are
amended to read as follows:
Sec. 7.102. MAXIMUM PENALTY. A person who causes, suffers,
allows, or permits a violation of a statute, rule, order, or permit
relating to Chapter 37 of this code, Chapter 366, 371, or 372,
Health and Safety Code, Subchapter G, Chapter 382, Health and
Safety Code, or Chapter 1903, Occupations Code, shall be assessed
for each violation a civil penalty not less than $50 nor greater
than $5,000 for each day of each violation as the court or jury
considers proper. A business that causes, suffers, allows, or
permits a violation of a statute, rule, or order relating to Chapter
376, Health and Safety Code, other than Section 376.003, shall be
assessed a civil penalty not greater than $100 for each day of each
violation as the court or jury considers proper. A person who
causes, suffers, allows, or permits a violation of a statute, rule,
order, or permit relating to any other matter within the
commission's jurisdiction to enforce, other than violations of
Chapter 11, 12, 13, 16, or 36 of this code, or Chapter 341, Health
and Safety Code, shall be assessed for each violation a civil
penalty not less than $50 nor greater than $25,000 for each day of
each violation as the court or jury considers proper. Each day of a
continuing violation is a separate violation.
Sec. 7.103. CONTINUING VIOLATIONS. (a) Except as provided
by Subsection (b), if [If] it is shown on a trial of a defendant that
the defendant has previously been assessed a civil penalty for a
violation of a statute within the commission's jurisdiction or a
rule adopted or an order or a permit issued under such a statute
within the year before the date on which the violation being tried
occurred, the defendant shall be assessed a civil penalty not less
than $100 nor greater than $25,000 for each subsequent day and for
each subsequent violation.
(b) If it is shown on the trial of a defendant for a
violation of Chapter 376, Health and Safety Code, other than
Section 376.003, or a rule adopted or an order issued under that
chapter that the defendant has previously been assessed a civil
penalty for a violation of that chapter or a rule adopted or an
order issued under that chapter within the year before the date on
which the violation being tried occurred, the defendant shall be
assessed a civil penalty not greater than:
(1) $200 if the violation being tried is the
defendant's second violation of that chapter, other than Section
376.003, or a rule adopted or an order issued under that chapter; or
(2) $500 if the violation being tried is the
defendant's third or a subsequent violation of that chapter, other
than Section 376.003, or a rule adopted or an order issued under
that chapter.
(c) Each day of a continuing violation is a separate
violation.
SECTION 4. (a) The Texas Commission on Environmental
Quality shall conduct a study to determine:
(1) the impact of Chapter 376, Health and Safety Code,
as added by this Act, on businesses and the environment;
(2) the effectiveness of the recycling programs
established under Chapter 376, Health and Safety Code, as added by
this Act;
(3) the number of businesses collecting the plastic
checkout bags from the collection bins and recycling the bags; and
(4) the feasibility and costs to businesses of using
checkout bags that are made from biodegradable plastic and other
alternate materials.
(b) Not later than January 1, 2013, the Texas Commission on
Environmental Quality shall submit a report regarding the results
of the study to the standing committees of the senate and house of
representatives having primary jurisdiction over environmental
issues.
SECTION 5. This Act takes effect January 1, 2012, except
that Section 376.006, Health and Safety Code, as added by this Act,
takes effect September 1, 2011.