Texas 2023 - 88th Regular

Texas House Bill HB242 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 242
2	2
3	3
4	4	AN ACT
5	5	relating to liability for the donation and distribution of feminine
6	6	hygiene products.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Title 4, Civil Practice and Remedies Code, is
9	9	amended by adding Chapter 89A to read as follows:
10	10	CHAPTER 89A. DONATION OF FEMININE HYGIENE PRODUCTS
11	11	Sec. 89A.001. DEFINITIONS. In this chapter:
12	12	(1) "Feminine hygiene product" means a tampon, a panty
13	13	liner, a menstrual cup, a sanitary napkin, or other similar item
14	14	used in connection with the menstrual cycle.
15	15	(2) "Nonprofit organization" means an organization
16	16	exempt from federal income taxation under Section 501(a), Internal
17	17	Revenue Code of 1986, as an organization described by Section
18	18	501(c)(3) of that code.
19	19	Sec. 89A.002. LIABILITY FROM DONATION OF FEMININE HYGIENE
20	20	PRODUCT. A person, including a manufacturer or distributor, is not
21	21	subject to civil or criminal liability arising from the nature,
22	22	age, packaging, or condition of a feminine hygiene product that the
23	23	person donates in good faith to a nonprofit organization for
24	24	distribution to individuals in need of the products if the donated
25	25	product meets all quality and labeling standards imposed by law at
26	26	the time the product is donated, even if the product is not readily
27	27	marketable.
28	28	Sec. 89A.003. NONPROFIT ORGANIZATION LIABILITY FROM
29	29	DISTRIBUTED FEMININE HYGIENE PRODUCT. A nonprofit organization is
30	30	not subject to civil or criminal liability arising from the nature,
31	31	age, packaging, or condition of a feminine hygiene product donated
32	32	to the organization that the organization distributes to
33	33	individuals in need of the products if the donated product meets all
34	34	quality and labeling standards imposed by law at the time the
35	35	product is distributed, even if the product is not readily
36	36	marketable.
37	37	Sec. 89A.004. EXCEPTIONS. This chapter does not apply to a
38	38	person who donates a feminine hygiene product or a nonprofit
39	39	organization that distributes a donated feminine hygiene product if
40	40	the person or organization, as applicable, intentionally or with
41	41	gross negligence donates or distributes a product that results in
42	42	injury to or death of an individual who uses or receives the
43	43	product.
44	44	SECTION 2. Chapter 89A, Civil Practice and Remedies Code,
45	45	as added by this Act, applies only to a cause of action that accrues
46	46	on or after the effective date of this Act.
47	47	SECTION 3. This Act takes effect September 1, 2023.
48	48	______________________________ ______________________________
49	49	President of the Senate Speaker of the House
50	50	I certify that H.B. No. 242 was passed by the House on April
51	51	11, 2023, by the following vote: Yeas 145, Nays 0, 1 present, not
52	52	voting.
53	53	______________________________
54	54	Chief Clerk of the House
55	55	I certify that H.B. No. 242 was passed by the Senate on May
56	56	11, 2023, by the following vote: Yeas 30, Nays 0.
57	57	______________________________
58	58	Secretary of the Senate
59	59	APPROVED: _____________________
60	60	Date
61	61	_____________________
62	62	Governor