82R3811 SJM-F
By: Rodriguez H.B. No. 437
A BILL TO BE ENTITLED
AN ACT
relating to manufacturers' inclusion of denatonium benzoate in
certain products containing ethylene glycol.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 501, Health and Safety
Code, is amended by adding Section 501.0234 to read as follows:
Sec. 501.0234. DENATONIUM BENZOATE ADDITIVE REQUIREMENT
FOR CERTAIN PRODUCTS CONTAINING ETHYLENE GLYCOL. (a) This section
applies to a product to be sold as antifreeze or engine coolant
that:
(1) contains an ethylene glycol concentration greater
than 10 percent by volume; and
(2) is manufactured after January 1, 2013.
(b) A manufacturer of a product described by Subsection (a)
may not distribute the product for sale in this state unless the
product includes denatonium benzoate in an amount of not less than
30 parts per million and not more than 50 parts per million by
weight.
(c) A manufacturer of a product described by Subsection (a)
shall:
(1) maintain a record of the trade name, scientific
name, and active ingredients of the denatonium benzoate additive
used to comply with Subsection (b); and
(2) on request, make the record available to the
public.
(d) Subject to Subsection (e), a manufacturer, processor,
distributor, recycler, or seller of a product described by
Subsection (a) that includes denatonium benzoate in the
concentrations required by Subsection (b) is not liable to any
person for any personal injury, death, property damage, damage to
the environment, including natural resources, or economic loss that
results from the inclusion of denatonium benzoate in the product.
(e) The limitation on liability provided by Subsection (d)
does not apply to the extent that the cause of the liability is
unrelated to the inclusion of denatonium benzoate in a product
described by Subsection (a).
(f) A political subdivision of this state may not adopt or
enforce an ordinance, regulation, or policy that is inconsistent
with or more restrictive than this section.
(g) This section does not apply to the sale of:
(1) a motor vehicle that contains a product described
by Subsection (a); or
(2) a container sold at wholesale that contains 55
gallons or more of antifreeze or engine coolant.
SECTION 2. A manufacturer is required to comply with
Section 501.0234, Health and Safety Code, as added by this Act, only
after January 1, 2013.
SECTION 3. This Act takes effect September 1, 2011.