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

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Bill Title: Relating to exempting the intrastate manufacture of certain incandescent light bulbs from federal regulation. [Track Bill]

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

Download: Texas-2011-HB2510-Enrolled.html

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H.B. No. 2510

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. On written notification
to the attorney general by a resident of this state of the
resident's intent to manufacture an incandescent light bulb to
which this chapter applies, the attorney general may 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2510 was passed by the House on May
11, 2011, by the following vote: Yeas 142, Nays 3, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2510 was passed by the Senate on May
24, 2011, by the following vote: Yeas 31, Nays 0
.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor