| 1 | 1 | | 89R14649 SCR-D |
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| 2 | 2 | | By: Goodwin H.B. No. 4633 |
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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 regulation of certain retail distribution centers; |
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| 10 | 10 | | providing a 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. Subtitle A, Title 9, Health and Safety Code, is |
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| 13 | 13 | | amended by adding Chapter 761 to read as follows: |
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| 14 | 14 | | CHAPTER 761. REGULATION OF CERTAIN RETAIL DISTRIBUTION CENTERS |
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| 15 | 15 | | Sec. 761.001. DEFINITION. In this chapter, "retail |
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| 16 | 16 | | distribution center" means a facility that is primarily used for |
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| 17 | 17 | | the temporary storage of consumer goods, as defined by Section |
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| 18 | 18 | | 9.102, Business & Commerce Code, for delivery to: |
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| 19 | 19 | | (1) a retail store; or |
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| 20 | 20 | | (2) a customer. |
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| 21 | 21 | | Sec. 761.002. APPLICABILITY. This chapter applies only to |
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| 22 | 22 | | a retail distribution center: |
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| 23 | 23 | | (1) that is located outside the corporate limits of a |
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| 24 | 24 | | municipality; and |
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| 25 | 25 | | (2) the operation of which results in the following: |
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| 26 | 26 | | (A) 800 or more total vehicle trips to and from |
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| 27 | 27 | | the center per day; |
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| 28 | 28 | | (B) 400 or more vehicle trips to the center per |
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| 29 | 29 | | day; or |
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| 30 | 30 | | (C) 400 or more vehicle trips from the center per |
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| 31 | 31 | | day. |
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| 32 | 32 | | Sec. 761.003. PROHIBITED PROXIMITY TO SCHOOL OR HOSPITAL. |
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| 33 | 33 | | A retail distribution center to which this chapter applies may not |
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| 34 | 34 | | be located within two miles of: |
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| 35 | 35 | | (1) a public or private school, including an |
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| 36 | 36 | | open-enrollment charter school; or |
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| 37 | 37 | | (2) a hospital licensed under Chapter 241, Health and |
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| 38 | 38 | | Safety Code. |
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| 39 | 39 | | Sec. 761.004. ENFORCEMENT; CIVIL PENALTY. (a) A person who |
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| 40 | 40 | | operates a retail distribution center that violates Section 761.003 |
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| 41 | 41 | | is liable for a civil penalty of not more than $1,000. Each day a |
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| 42 | 42 | | violation continues may be considered a separate violation for |
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| 43 | 43 | | purposes of a civil penalty under this section. |
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| 44 | 44 | | (b) The attorney general or the appropriate district or |
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| 45 | 45 | | county attorney may bring an action on behalf of this state to |
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| 46 | 46 | | collect a civil penalty under this section. |
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| 47 | 47 | | (c) The attorney general or the appropriate district or |
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| 48 | 48 | | county attorney, as applicable, shall deposit a civil penalty in |
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| 49 | 49 | | the state treasury to the credit of the general revenue fund. |
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| 50 | 50 | | SECTION 2. This Act takes effect September 1, 2025. |
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