| 1 | 1 | | 84R9714 ATP-D |
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| 2 | 2 | | By: Rinaldi H.B. No. 1939 |
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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 the provision of bags to customers of a business at the |
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| 8 | 8 | | point of sale. |
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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. Title 6, Business & Commerce Code, is amended by |
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| 11 | 11 | | adding Chapter 205 to read as follows: |
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| 12 | 12 | | CHAPTER 205. RIGHT OF BUSINESS TO PROVIDE BAG TO CUSTOMER |
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| 13 | 13 | | Sec. 205.001. PROVISION OF BAG AUTHORIZED. A business that |
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| 14 | 14 | | sells an item to a customer may provide to the customer at the point |
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| 15 | 15 | | of sale a bag or other container made from any material. |
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| 16 | 16 | | Sec. 205.002. REGULATIONS INVALID. An ordinance or |
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| 17 | 17 | | regulation adopted by a municipality purporting to restrict or |
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| 18 | 18 | | prohibit a business from, require a business to charge a customer |
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| 19 | 19 | | for, or tax or impose penalties on a business for providing to a |
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| 20 | 20 | | customer at the point of sale a bag or other container made from any |
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| 21 | 21 | | material is invalid and has no effect. |
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| 22 | 22 | | SECTION 2. Sections 361.0961(a) and (c), Health and Safety |
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| 23 | 23 | | Code, are amended to read as follows: |
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| 24 | 24 | | (a) A local government or other political subdivision may |
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| 25 | 25 | | not adopt an ordinance, rule, or regulation to: |
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| 26 | 26 | | (1) prohibit or restrict, for solid waste management |
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| 27 | 27 | | purposes, the sale or use of a container or package, including a bag |
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| 28 | 28 | | provided by a business to a customer, in a manner not authorized by |
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| 29 | 29 | | state law; |
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| 30 | 30 | | (2) prohibit or restrict the processing of solid waste |
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| 31 | 31 | | by a solid waste facility, except for a solid waste facility owned |
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| 32 | 32 | | by the local government, permitted by the commission for that |
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| 33 | 33 | | purpose in a manner not authorized by state law; or |
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| 34 | 34 | | (3) assess a fee or deposit on the sale or use of a |
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| 35 | 35 | | container or package, including a bag provided by a business to a |
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| 36 | 36 | | customer. |
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| 37 | 37 | | (c) This section does not limit the authority of a local |
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| 38 | 38 | | government to enact zoning ordinances, except that a zoning |
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| 39 | 39 | | ordinance enacted by a local government may not prohibit, restrict, |
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| 40 | 40 | | or assess a fee or deposit on the use or provision by a business of a |
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| 41 | 41 | | bag to a customer at the point of sale. |
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| 42 | 42 | | SECTION 3. Beginning September 1, 2015, a municipality may |
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| 43 | 43 | | not enforce any ordinance or regulation adopted by the municipality |
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| 44 | 44 | | before that date that prohibits or restricts a business from |
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| 45 | 45 | | providing to a customer at the point of sale a bag or other |
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| 46 | 46 | | container made from any material. |
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| 47 | 47 | | SECTION 4. This Act takes effect September 1, 2015. |
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