89R14649 SCR-D
By: Goodwin H.B. No. 4633
A BILL TO BE ENTITLED
AN ACT
relating to regulation of certain retail distribution centers;
providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
amended by adding Chapter 761 to read as follows:
CHAPTER 761. REGULATION OF CERTAIN RETAIL DISTRIBUTION CENTERS
Sec. 761.001. DEFINITION. In this chapter, "retail
distribution center" means a facility that is primarily used for
the temporary storage of consumer goods, as defined by Section
9.102, Business & Commerce Code, for delivery to:
(1) a retail store; or
(2) a customer.
Sec. 761.002. APPLICABILITY. This chapter applies only to
a retail distribution center:
(1) that is located outside the corporate limits of a
municipality; and
(2) the operation of which results in the following:
(A) 800 or more total vehicle trips to and from
the center per day;
(B) 400 or more vehicle trips to the center per
day; or
(C) 400 or more vehicle trips from the center per
day.
Sec. 761.003. PROHIBITED PROXIMITY TO SCHOOL OR HOSPITAL.
A retail distribution center to which this chapter applies may not
be located within two miles of:
(1) a public or private school, including an
open-enrollment charter school; or
(2) a hospital licensed under Chapter 241, Health and
Safety Code.
Sec. 761.004. ENFORCEMENT; CIVIL PENALTY. (a) A person who
operates a retail distribution center that violates Section 761.003
is liable for a civil penalty of not more than $1,000. Each day a
violation continues may be considered a separate violation for
purposes of a civil penalty under this section.
(b) The attorney general or the appropriate district or
county attorney may bring an action on behalf of this state to
collect a civil penalty under this section.
(c) The attorney general or the appropriate district or
county attorney, as applicable, shall deposit a civil penalty in
the state treasury to the credit of the general revenue fund.
SECTION 2. This Act takes effect September 1, 2025.