88R9953 MPF-D
By: Rosenthal H.B. No. 2595
A BILL TO BE ENTITLED
AN ACT
relating to the advertisement of disposable wipes as flushable;
providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 5, Health and Safety Code, is
amended by adding Chapter 375 to read as follows:
CHAPTER 375. DISPOSABLE WIPES
Sec. 375.001. DEFINITIONS. In this chapter:
(1) "Covered entity" means a manufacturer of a
disposable wipe and a wholesaler, supplier, or retailer of a
disposable wipe.
(2) "Disposable wipe" means a single-use,
premoistened wipe designed or marketed for diapering, personal
hygiene, or other cleaning purposes.
Sec. 375.002. PROHIBITED ADVERTISEMENT OF DISPOSABLE WIPE
AS FLUSHABLE. A covered entity may not advertise, label, or
otherwise communicate that a disposable wipe may be disposed of in a
toilet, including by communicating that the disposable wipe is
"flushable," "sewer safe," or "septic safe," unless the disposable
wipe disintegrates or dissolves immediately in water.
Sec. 375.003. CIVIL PENALTY. (a) A covered entity that
violates Section 375.002 is liable for a civil penalty in an amount
equal to:
(1) $1,000 for the first violation;
(2) not less than $1,000 or more than $5,000 for the
second violation; and
(3) not less than $5,000 or more than $10,000 for the
third violation.
(b) The attorney general may file suit in district court to
recover a civil penalty imposed under this section against a
covered entity that violates Section 375.002.
(c) A civil penalty collected under this section shall be
deposited in the general revenue fund.
(d) The attorney general may recover reasonable expenses
incurred in collecting the civil penalty, including court costs,
reasonable attorney's fees, investigative costs, witness fees, and
deposition costs.
Sec. 375.004. INJUNCTIVE RELIEF. (a) The attorney general
may bring an action in district court to enjoin a covered entity
from selling disposable wipes if the covered entity violates
Section 375.002 after a civil penalty has been assessed against the
covered entity under Section 375.003 for a third violation of
Section 375.002.
(b) The attorney general may recover reasonable expenses
incurred in obtaining relief under this section, including court
costs, reasonable attorney's fees, investigative costs, witness
fees, and deposition costs.
SECTION 2. This Act takes effect September 1, 2023.