Bill Text: TX HB2510 | 2011-2012 | 82nd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to exempting the intrastate manufacture of certain incandescent light bulbs from federal regulation.

Status: (Passed) 2011-06-17 - Effective on 1/1/12 [HB2510 Detail]

Download: Texas-2011-HB2510-Introduced.html
  82R7798 DAK-D
 
  By: Lavender H.B. No. 2510
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to exempting the intrastate manufacture of certain
  incandescent light bulbs from federal regulation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a)  The Tenth Amendment to the United States
  Constitution guarantees to the states and their people all powers
  not granted to the federal government elsewhere in the constitution
  and reserves to the state and people of Texas certain powers as they
  were understood at the time that Texas was admitted to statehood in
  1845. The guaranty of those powers is a matter of contract between
  the state and people of Texas and the United States dating from the
  time Texas became a state.
         (b)  The Ninth Amendment to the United States Constitution
  guarantees to the people rights not granted in the constitution and
  reserves to the people of Texas certain rights as they were
  understood at the time that Texas became a state. The guaranty of
  those rights is a matter of contract between the state and people of
  Texas and the United States dating from the time Texas became a
  state.
         (c)  In 2007, the United States Congress passed the Energy
  Independence and Security Act (Pub. L. No. 110-140). Section 321 of
  that act bans the sale of certain incandescent light bulbs in the
  United States beginning in 2012.
         (d)  The regulation of intrastate commerce is vested in the
  states under the Ninth and Tenth Amendments to the United States
  Constitution if not expressly preempted by federal law. The United
  States Congress has not expressly preempted state regulation of
  intrastate commerce relating to the manufacture on an intrastate
  basis of incandescent light bulbs.
         (e)  The Legislature of the State of Texas declares that an
  incandescent light bulb manufactured in Texas, as described by
  Chapter 2004, Business & Commerce Code, as added by this Act, that
  remains within the borders of Texas:
               (1)  has not traveled in interstate commerce; and
               (2)  is not subject to federal law or federal
  regulation, under the authority of the United States Congress to
  regulate interstate commerce.
         SECTION 2.  Title 99, Business & Commerce Code, is amended by
  adding Chapter 2004 to read as follows:
  CHAPTER 2004. INTRASTATE MANUFACTURE OF CERTAIN INCANDESCENT LIGHT
  BULBS
         Sec. 2004.001.  DEFINITIONS. In this chapter:
               (1)  "Generic and insignificant part" means an item
  that has manufacturing or consumer product applications other than
  inclusion in an incandescent light bulb.
               (2)  "Incandescent light bulb" means a standard
  incandescent or halogen light bulb that:
                     (A)  is intended for general service
  applications;
                     (B)  has a lumen range of not less than 310 lumens
  and not more than 2,600 lumens; and
                     (C)  is capable of being operated at a voltage
  range at least partially within 110 and 130 volts.
         Sec. 2004.002.  MEANING OF "MANUFACTURED IN THIS STATE." For
  the purposes of this chapter, an incandescent light bulb is
  manufactured in this state if the item is manufactured:
               (1)  in this state from materials located in this
  state; and
               (2)  without the inclusion of any part imported from
  another state other than a generic and insignificant part.
         Sec. 2004.003.  NOT SUBJECT TO FEDERAL REGULATION. An
  incandescent light bulb that is manufactured in this state and
  remains in this state is not subject to federal law or federal
  regulation under the authority of the United States Congress to
  regulate interstate commerce.
         Sec. 2004.004.  MARKETING OF LIGHT BULBS. An incandescent
  light bulb manufactured and sold in this state must have the words
  "Made in Texas" clearly stamped on it.
         Sec. 2004.005.  ATTORNEY GENERAL. (a) The attorney general
  shall defend a citizen of this state whom the federal government
  attempts to prosecute, claiming the power to regulate interstate
  commerce, for violation of a federal law concerning the manufacture
  or sale of an incandescent light bulb manufactured and retained in
  this state.
         (b)  On written notification to the attorney general by a
  citizen of the citizen's intent to manufacture an incandescent
  light bulb to which this chapter applies, the attorney general
  shall seek a declaratory judgment from a federal district court in
  this state that this chapter is consistent with the United States
  Constitution.
         SECTION 3.  This Act applies only to an incandescent light
  bulb, as that term is defined by Section 2004.001, Business &
  Commerce Code, as added by this Act, that is manufactured on or
  after the effective date of this Act.
         SECTION 4.  This Act takes effect January 1, 2012.
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