| 1 | 1 | | By: Deuell S.B. No. 1301 |
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| 2 | 2 | | (Rodriguez) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to manufacturers' inclusion of denatonium benzoate in |
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| 8 | 8 | | certain products containing ethylene glycol. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 501, Health and Safety |
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| 11 | 11 | | Code, is amended by adding Section 501.0234 to read as follows: |
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| 12 | 12 | | Sec. 501.0234. DENATONIUM BENZOATE ADDITIVE REQUIREMENT |
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| 13 | 13 | | FOR CERTAIN PRODUCTS CONTAINING ETHYLENE GLYCOL. (a) This section |
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| 14 | 14 | | applies to a product to be sold as antifreeze or engine coolant |
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| 15 | 15 | | that: |
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| 16 | 16 | | (1) contains an ethylene glycol concentration greater |
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| 17 | 17 | | than 10 percent by volume; and |
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| 18 | 18 | | (2) is manufactured after January 1, 2013. |
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| 19 | 19 | | (b) A manufacturer of a product described by Subsection (a) |
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| 20 | 20 | | may not distribute the product for sale in this state unless the |
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| 21 | 21 | | product includes denatonium benzoate in an amount of not less than |
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| 22 | 22 | | 30 parts per million and not more than 50 parts per million by |
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| 23 | 23 | | weight. |
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| 24 | 24 | | (c) A manufacturer of a product described by Subsection (a) |
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| 25 | 25 | | shall: |
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| 26 | 26 | | (1) maintain a record of the trade name, scientific |
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| 27 | 27 | | name, and active ingredients of the denatonium benzoate additive |
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| 28 | 28 | | used to comply with Subsection (b); and |
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| 29 | 29 | | (2) on request, make the record available to the |
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| 30 | 30 | | public. |
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| 31 | 31 | | (d) Subject to Subsection (e), a manufacturer, processor, |
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| 32 | 32 | | distributor, recycler, or seller of a product described by |
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| 33 | 33 | | Subsection (a) that includes denatonium benzoate in the |
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| 34 | 34 | | concentrations required by Subsection (b) is not liable to any |
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| 35 | 35 | | person for any personal injury, death, property damage, damage to |
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| 36 | 36 | | the environment, including natural resources, or economic loss that |
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| 37 | 37 | | results from the inclusion of denatonium benzoate in the product. |
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| 38 | 38 | | (e) The limitation on liability provided by Subsection (d) |
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| 39 | 39 | | does not apply to the extent that the cause of the liability is |
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| 40 | 40 | | unrelated to the inclusion of denatonium benzoate in a product |
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| 41 | 41 | | described by Subsection (a). |
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| 42 | 42 | | (f) This section does not exempt a manufacturer of |
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| 43 | 43 | | denatonium benzoate from liability under other law. |
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| 44 | 44 | | (g) A political subdivision of this state may not adopt or |
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| 45 | 45 | | enforce an ordinance, regulation, or policy that is inconsistent |
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| 46 | 46 | | with or more restrictive than this section. |
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| 47 | 47 | | (h) This section does not apply to the sale of: |
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| 48 | 48 | | (1) a motor vehicle that contains a product described |
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| 49 | 49 | | by Subsection (a); or |
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| 50 | 50 | | (2) a container sold at wholesale that contains 55 |
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| 51 | 51 | | gallons or more of antifreeze or engine coolant. |
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| 52 | 52 | | SECTION 2. A manufacturer is required to comply with |
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| 53 | 53 | | Section 501.0234, Health and Safety Code, as added by this Act, only |
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| 54 | 54 | | after January 1, 2013. |
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| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2011. |
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