89R3039 DRS-D
By: Lopez of Cameron H.B. No. 4049
A BILL TO BE ENTITLED
AN ACT
relating to the tracking of greenhouse gas emissions; creating a
civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 382, Health and Safety Code, is amended
by adding Subchapter J-1 to read as follows:
SUBCHAPTER J-1. GREENHOUSE GAS EMISSIONS TRACKING
Sec. 382.471. DEFINITIONS. In this subchapter:
(1) "Company" means a for-profit organization,
association, corporation, partnership, joint venture, statutory
trust, limited partnership, limited liability partnership, or
limited liability company, including a wholly owned subsidiary,
majority-owned subsidiary, parent, or affiliate of such an entity,
that produces tangible goods for sale and is not primarily in the
business of reporting news to the public.
(2) "Greenhouse gas emissions" has the meaning
assigned by Section 382.05102(a).
Sec. 382.472. EMISSIONS TRACKING PROHIBITED. (a) Except
as required by federal law, a company doing business in this state
may not directly or indirectly expend resources to track,
calculate, measure, assess, or estimate the greenhouse gas
emissions in this state directly or indirectly attributable to the
company for the purpose of complying with a federal or state law or
regulation or a law or regulation of a foreign country.
(b) A company, a nonprofit entity, or an agency or political
subdivision of this state, another state, or a foreign country may
not penalize or threaten to penalize a company doing business in
this state because of the company's compliance with Subsection (a).
Sec. 382.473. CIVIL PENALTY. (a) Notwithstanding Section
7.102, Water Code, a company that violates Section 382.472(a) or an
entity that penalizes or threatens to penalize a company in
violation of Section 382.472(b) is liable to this state for a civil
penalty in an amount that is equal to the greater of:
(1) $10,000; or
(2) twice the amount directly or indirectly expended
by the company to track, calculate, measure, assess, or estimate
the greenhouse gas emissions in this state directly or indirectly
attributable to the company.
(b) On the request of the executive director or the
commission, the attorney general shall institute a suit under
Subchapter D, Chapter 7, Water Code, to recover the penalty.
SECTION 2. Subchapter J-1, Chapter 382, Health and Safety
Code, as added by this Act, applies only to an expenditure of
resources by a company that is initiated on or after the effective
date of this Act.
SECTION 3. This Act takes effect September 1, 2025.