| 1 | 1 | | 89R3039 DRS-D |
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| 2 | 2 | | By: Lopez of Cameron H.B. No. 4049 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the tracking of greenhouse gas emissions; creating a |
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| 10 | 10 | | civil penalty. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 382, Health and Safety Code, is amended |
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| 13 | 13 | | by adding Subchapter J-1 to read as follows: |
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| 14 | 14 | | SUBCHAPTER J-1. GREENHOUSE GAS EMISSIONS TRACKING |
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| 15 | 15 | | Sec. 382.471. DEFINITIONS. In this subchapter: |
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| 16 | 16 | | (1) "Company" means a for-profit organization, |
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| 17 | 17 | | association, corporation, partnership, joint venture, statutory |
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| 18 | 18 | | trust, limited partnership, limited liability partnership, or |
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| 19 | 19 | | limited liability company, including a wholly owned subsidiary, |
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| 20 | 20 | | majority-owned subsidiary, parent, or affiliate of such an entity, |
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| 21 | 21 | | that produces tangible goods for sale and is not primarily in the |
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| 22 | 22 | | business of reporting news to the public. |
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| 23 | 23 | | (2) "Greenhouse gas emissions" has the meaning |
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| 24 | 24 | | assigned by Section 382.05102(a). |
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| 25 | 25 | | Sec. 382.472. EMISSIONS TRACKING PROHIBITED. (a) Except |
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| 26 | 26 | | as required by federal law, a company doing business in this state |
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| 27 | 27 | | may not directly or indirectly expend resources to track, |
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| 28 | 28 | | calculate, measure, assess, or estimate the greenhouse gas |
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| 29 | 29 | | emissions in this state directly or indirectly attributable to the |
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| 30 | 30 | | company for the purpose of complying with a federal or state law or |
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| 31 | 31 | | regulation or a law or regulation of a foreign country. |
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| 32 | 32 | | (b) A company, a nonprofit entity, or an agency or political |
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| 33 | 33 | | subdivision of this state, another state, or a foreign country may |
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| 34 | 34 | | not penalize or threaten to penalize a company doing business in |
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| 35 | 35 | | this state because of the company's compliance with Subsection (a). |
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| 36 | 36 | | Sec. 382.473. CIVIL PENALTY. (a) Notwithstanding Section |
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| 37 | 37 | | 7.102, Water Code, a company that violates Section 382.472(a) or an |
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| 38 | 38 | | entity that penalizes or threatens to penalize a company in |
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| 39 | 39 | | violation of Section 382.472(b) is liable to this state for a civil |
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| 40 | 40 | | penalty in an amount that is equal to the greater of: |
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| 41 | 41 | | (1) $10,000; or |
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| 42 | 42 | | (2) twice the amount directly or indirectly expended |
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| 43 | 43 | | by the company to track, calculate, measure, assess, or estimate |
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| 44 | 44 | | the greenhouse gas emissions in this state directly or indirectly |
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| 45 | 45 | | attributable to the company. |
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| 46 | 46 | | (b) On the request of the executive director or the |
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| 47 | 47 | | commission, the attorney general shall institute a suit under |
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| 48 | 48 | | Subchapter D, Chapter 7, Water Code, to recover the penalty. |
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| 49 | 49 | | SECTION 2. Subchapter J-1, Chapter 382, Health and Safety |
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| 50 | 50 | | Code, as added by this Act, applies only to an expenditure of |
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| 51 | 51 | | resources by a company that is initiated on or after the effective |
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| 52 | 52 | | date of this Act. |
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| 53 | 53 | | SECTION 3. This Act takes effect September 1, 2025. |
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