H.B. No. 242
AN ACT
relating to liability for the donation and distribution of feminine
hygiene products.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 89A to read as follows:
CHAPTER 89A. DONATION OF FEMININE HYGIENE PRODUCTS
Sec. 89A.001. DEFINITIONS. In this chapter:
(1) "Feminine hygiene product" means a tampon, a panty
liner, a menstrual cup, a sanitary napkin, or other similar item
used in connection with the menstrual cycle.
(2) "Nonprofit organization" means an organization
exempt from federal income taxation under Section 501(a), Internal
Revenue Code of 1986, as an organization described by Section
501(c)(3) of that code.
Sec. 89A.002. LIABILITY FROM DONATION OF FEMININE HYGIENE
PRODUCT. A person, including a manufacturer or distributor, is not
subject to civil or criminal liability arising from the nature,
age, packaging, or condition of a feminine hygiene product that the
person donates in good faith to a nonprofit organization for
distribution to individuals in need of the products if the donated
product meets all quality and labeling standards imposed by law at
the time the product is donated, even if the product is not readily
marketable.
Sec. 89A.003. NONPROFIT ORGANIZATION LIABILITY FROM
DISTRIBUTED FEMININE HYGIENE PRODUCT. A nonprofit organization is
not subject to civil or criminal liability arising from the nature,
age, packaging, or condition of a feminine hygiene product donated
to the organization that the organization distributes to
individuals in need of the products if the donated product meets all
quality and labeling standards imposed by law at the time the
product is distributed, even if the product is not readily
marketable.
Sec. 89A.004. EXCEPTIONS. This chapter does not apply to a
person who donates a feminine hygiene product or a nonprofit
organization that distributes a donated feminine hygiene product if
the person or organization, as applicable, intentionally or with
gross negligence donates or distributes a product that results in
injury to or death of an individual who uses or receives the
product.
SECTION 2. Chapter 89A, Civil Practice and Remedies Code,
as added by this Act, applies only to a cause of action that accrues
on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 242 was passed by the House on April
11, 2023, by the following vote: Yeas 145, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 242 was passed by the Senate on May
11, 2023, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor