Texas 2023 - 88th Regular

Texas House Bill HB4676 Compare Versions

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Version 2 (New)

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1	1	88R9978 SRA-D
2	2	By: Slaton H.B. No. 4676
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to exempting the intrastate manufacture of certain
8	8	consumer products from federal energy conservation regulation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 99, Business & Commerce Code, is amended by
11	11	adding Chapter 2003 to read as follows:
12	12	CHAPTER 2003. ENERGY CONSERVATION STANDARDS FOR CERTAIN CONSUMER
13	13	PRODUCTS
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 2003.001. DEFINITIONS. In this chapter:
16	16	(1) "Consumer product" means any article, other than a
17	17	motor vehicle:
18	18	(A) of a type:
19	19	(i) which in operation consumes, or is
20	20	designed to consume, energy or, with respect to showerheads,
21	21	faucets, water closets, and urinals, water; and
22	22	(ii) which, to any significant extent, is
23	23	distributed in commerce for personal use or consumption by
24	24	individuals; and
25	25	(B) without regard to whether the article is in
26	26	fact distributed in commerce for personal use or consumption by an
27	27	individual, except the term includes fluorescent lamp ballasts,
28	28	general service fluorescent lamps, incandescent reflector lamps,
29	29	showerheads, faucets, water closets, and urinals distributed in
30	30	commerce for personal or commercial use or consumption.
31	31	(2) "Generic and insignificant part" includes a
32	32	spring, screw, nut, and pin.
33	33	(3) "Motor vehicle" has the meaning assigned by
34	34	Section 502.001, Transportation Code.
35	35	SUBCHAPTER B. INTRASTATE MANUFACTURE OF CONSUMER PRODUCTS
36	36	Sec. 2003.051. MEANING OF "MANUFACTURED IN THIS STATE."
37	37	For the purposes of this subchapter, a consumer product is
38	38	manufactured in this state if the product is manufactured:
39	39	(1) from materials located in this state; and
40	40	(2) without the inclusion of any part imported from
41	41	another state other than a generic and insignificant part.
42	42	Sec. 2003.052. NOT SUBJECT TO FEDERAL ENERGY CONSERVATION
43	43	STANDARDS. A consumer product that is manufactured in this state
44	44	and remains in this state is not subject to federal law or federal
45	45	regulation prescribing energy conservation standards.
46	46	Sec. 2003.053. MARKETING OF CONSUMER PRODUCTS. A consumer
47	47	product manufactured and sold in this state must have the words
48	48	"Made in Texas" clearly labeled on the product.
49	49	SUBCHAPTER C. ENFORCEMENT OF CERTAIN FEDERAL ENERGY CONSERVATION
50	50	LAWS PROHIBITED
51	51	Sec. 2003.101. APPLICABILITY. This subchapter applies to:
52	52	(1) the State of Texas, including an agency,
53	53	department, commission, bureau, board, office, council, court, or
54	54	other entity that is in any branch of state government and that is
55	55	created by the constitution or a statute of this state, including a
56	56	university system or a system of higher education;
57	57	(2) the governing body of a municipality, county, or
58	58	special district or authority;
59	59	(3) an officer, employee, or other body that is part of
60	60	a municipality, county, or special district or authority, including
61	61	a sheriff, municipal police department, municipal attorney, or
62	62	county attorney; and
63	63	(4) a district attorney or criminal district attorney.
64	64	Sec. 2003.102. STATE AND LOCAL GOVERNMENT POLICY REGARDING
65	65	ENFORCEMENT OF AND COMPLIANCE WITH FEDERAL ENERGY CONSERVATION
66	66	LAWS. (a) An entity described by Section 2003.101 may not adopt a
67	67	rule, order, ordinance, or policy under which the entity enforces,
68	68	or by consistent action allows the enforcement of, a federal
69	69	statute, order, rule, or regulation that purports to regulate
70	70	energy conservation standards applicable to consumer products if
71	71	the statute, order, rule, or regulation imposes a prohibition,
72	72	restriction, or other regulation that does not exist under the laws
73	73	of this state.
74	74	(b) No entity described by Section 2003.101 and no person
75	75	employed by or otherwise under the direction or control of the
76	76	entity may:
77	77	(1) enforce or attempt to enforce any federal statute,
78	78	order, rule, or regulation described by Subsection (a); or
79	79	(2) be required to comply with a federal statute,
80	80	order, rule, regulation, or court order that compels compliance
81	81	with a federal statute, order, rule, or regulation described by
82	82	Subsection (a).
83	83	Sec. 2003.103. STATE GRANT FUNDS. (a) An entity described
84	84	by Section 2003.101 may not receive state grant funds if the entity
85	85	adopts a rule, order, ordinance, or policy under which the entity
86	86	enforces a federal law described by Section 2003.102(a) or, by
87	87	consistent action, allows the enforcement of a federal law
88	88	described by Section 2003.102(a).
89	89	(b) State grant funds for the entity shall be denied for the
90	90	fiscal year following the year in which a final judicial
91	91	determination in an action brought under this subchapter is made
92	92	that the entity has violated Section 2003.102(a).
93	93	Sec. 2003.104. ENFORCEMENT. (a) Any citizen residing in
94	94	the jurisdiction of an entity described by Section 2003.101 may
95	95	file a complaint with the attorney general if the citizen offers
96	96	evidence to support an allegation that the entity has adopted a
97	97	rule, order, ordinance, or policy under which the entity enforces a
98	98	federal law described by Section 2003.102(a) or that the entity, by
99	99	consistent action, allows the enforcement of a federal law
100	100	described by Section 2003.102(a). The citizen must include with
101	101	the complaint any evidence the citizen has in support of the
102	102	complaint.
103	103	(b) If the attorney general determines that a complaint
104	104	filed under Subsection (a) against an entity described by Section
105	105	2003.101 is valid, to compel the entity's compliance with this
106	106	subchapter the attorney general may file a petition for a writ of
107	107	mandamus or apply for other appropriate equitable relief in a
108	108	district court in Travis County or in a county in which the
109	109	principal office of the entity is located. The attorney general may
110	110	recover reasonable expenses incurred obtaining relief under this
111	111	subsection, including court costs, reasonable attorney's fees,
112	112	investigative costs, witness fees, and deposition costs.
113	113	(c) An appeal of a suit brought under Subsection (b) is
114	114	governed by the procedures for accelerated appeals in civil cases
115	115	under the Texas Rules of Appellate Procedure. The appellate court
116	116	shall render its final order or judgment with the least possible
117	117	delay.
118	118	SECTION 2. Chapter 2003, Business & Commerce Code, as added
119	119	by this Act, applies only to a consumer product, as that term is
120	120	defined by Section 2003.001, Business & Commerce Code, as added by
121	121	this Act, that is manufactured on or after the effective date of
122	122	this Act.
123	123	SECTION 3. This Act takes effect September 1, 2023.