| 4 | 3 | | |
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| 5 | 4 | | |
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| 6 | 5 | | A BILL TO BE ENTITLED |
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| 7 | 6 | | AN ACT |
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| 8 | 7 | | relating to liability for the donation and distribution of feminine |
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| 9 | 8 | | hygiene products. |
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| 10 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 10 | | SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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| 12 | 11 | | amended by adding Chapter 89A to read as follows: |
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| 13 | 12 | | CHAPTER 89A. DONATION OF FEMININE HYGIENE PRODUCTS |
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| 14 | 13 | | Sec. 89A.001. DEFINITIONS. In this chapter: |
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| 15 | 14 | | (1) "Feminine hygiene product" means a tampon, a panty |
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| 16 | 15 | | liner, a menstrual cup, a sanitary napkin, or other similar item |
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| 17 | 16 | | used in connection with the menstrual cycle. |
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| 18 | 17 | | (2) "Nonprofit organization" means an organization |
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| 19 | 18 | | exempt from federal income taxation under Section 501(a), Internal |
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| 20 | 19 | | Revenue Code of 1986, as an organization described by Section |
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| 21 | 20 | | 501(c)(3) of that code. |
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| 22 | 21 | | Sec. 89A.002. LIABILITY FROM DONATION OF FEMININE HYGIENE |
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| 23 | 22 | | PRODUCT. A person, including a manufacturer or distributor, is not |
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| 24 | 23 | | subject to civil or criminal liability arising from the nature, |
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| 25 | 24 | | age, packaging, or condition of a feminine hygiene product that the |
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| 26 | 25 | | person donates in good faith to a nonprofit organization for |
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| 27 | 26 | | distribution to individuals in need of the products if the donated |
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| 28 | 27 | | product meets all quality and labeling standards imposed by law at |
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| 29 | 28 | | the time the product is donated, even if the product is not readily |
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| 30 | 29 | | marketable. |
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| 31 | 30 | | Sec. 89A.003. NONPROFIT ORGANIZATION LIABILITY FROM |
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| 32 | 31 | | DISTRIBUTED MENSTRUAL PRODUCT. A nonprofit organization is not |
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| 33 | 32 | | subject to civil or criminal liability arising from the nature, |
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| 34 | 33 | | age, packaging, or condition of a feminine hygiene product donated |
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| 35 | 34 | | to the organization that the organization distributes to |
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| 36 | 35 | | individuals in need of the products if the donated product meets all |
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| 37 | 36 | | quality and labeling standards imposed by law at the time the |
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| 38 | 37 | | product is distributed, even if the product is not readily |
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| 39 | 38 | | marketable. |
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| 40 | 39 | | Sec. 89A.004. EXCEPTIONS. This chapter does not apply to a |
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| 41 | 40 | | person who donates a feminine hygiene product or a nonprofit |
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| 42 | 41 | | organization that distributes a donated feminine hygiene product if |
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| 43 | 42 | | the person or organization, as applicable, intentionally or with |
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| 44 | 43 | | gross negligence donates or distributes a product that results in |
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| 45 | 44 | | injury to or death of an individual who uses or receives the |
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| 46 | 45 | | product. |
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| 47 | 46 | | SECTION 2. Chapter 89A, Civil Practice and Remedies Code, |
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| 48 | 47 | | as added by this Act, applies only to a cause of action that accrues |
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| 49 | 48 | | on or after the effective date of this Act. |
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| 50 | 49 | | SECTION 3. This Act takes effect September 1, 2021. |
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