Bill Text: TX HB1913 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to requirements for businesses that offer plastic checkout bags to customers.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-03-30 - Left pending in committee [HB1913 Detail]
Download: Texas-2011-HB1913-Introduced.html
| 2011S0433-1 02/16/11 | ||
| By: Hancock | H.B. No. 1913 | |
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| relating to requirements for businesses that offer plastic checkout | ||
| bags to customers. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle B, Title 5, Health and Safety Code, is | ||
| amended by adding Chapter 376 to read as follows: | ||
| CHAPTER 376. PLASTIC CHECKOUT BAGS | ||
| Sec. 376.001. POLICY AND PURPOSE. The policy of this state | ||
| and the purpose of this chapter are to encourage the recycling of | ||
| plastic checkout bags and to require the applicable businesses to | ||
| use checkout bags that are made of recyclable material and to offer | ||
| reusable bags at a reasonable price. | ||
| Sec. 376.002. DEFINITIONS. In this chapter: | ||
| (1) "Business" means a commercial enterprise or | ||
| establishment, including a sole proprietorship, joint venture, | ||
| partnership, corporation, or other legally recognizable entity, | ||
| whether for profit or not for profit, that: | ||
| (A) is a full-line, self-service retail store; | ||
| (B) has annual sales of $5 million or more, not | ||
| including sales of motor fuel as defined by Section 162.001, Tax | ||
| Code; | ||
| (C) sells a line of dry grocery, canned goods, | ||
| and at least some perishable food items; and | ||
| (D) has over 20,000 square feet of retail space. | ||
| (2) "Checkout bag" means a carryout bag that is | ||
| provided by a business to a customer at the point of sale. The term | ||
| does not include a reusable bag. | ||
| (3) "Commission" means the Texas Commission on | ||
| Environmental Quality. | ||
| (4) "Reusable bag" means a bag with handles that is | ||
| specifically designed and manufactured for multiple reuse and is | ||
| made of: | ||
| (A) cloth or other machine-washable fabric; or | ||
| (B) other durable material suitable for reuse, | ||
| including plastic that is at least 2.25 millimeters thick. | ||
| Sec. 376.003. APPLICABILITY. This chapter does not apply | ||
| to a business with fewer than 51 employees per business location. | ||
| Sec. 376.004. BUSINESS REQUIRED TO OFFER REUSABLE BAGS AT | ||
| REASONABLE PRICE. (a) A business that offers a plastic checkout | ||
| bag to a customer shall make reusable bags available for sale at a | ||
| reasonable price and shall display the reusable bags at or near the | ||
| point of sale or the entrance to the business. | ||
| (b) A business described by Subsection (a) shall provide | ||
| training to an employee whose position may include offering a | ||
| plastic checkout bag to a customer. The training shall include | ||
| efficient bagging techniques, offering the sale or distribution of | ||
| reusable bags, and other procedures intended to reduce the use of | ||
| plastic checkout bags. | ||
| Sec. 376.005. RECYCLING PROGRAM. (a) Except as provided | ||
| by Subsection (b), a business that offers a plastic checkout bag to | ||
| a customer shall establish a plastic checkout bag recycling program | ||
| that requires the business to: | ||
| (1) print or display in a highly visible manner on the | ||
| outside of a plastic checkout bag provided by the business the words | ||
| "Please Return to a Participating Business for Recycling" or a | ||
| similar message to encourage recycling of the bag; | ||
| (2) place in a visible, easily accessible location at | ||
| or near the entrance of the business a plastic checkout bag | ||
| collection bin clearly marked with information stating that the bin | ||
| is for the purpose of collecting and recycling plastic checkout | ||
| bags; | ||
| (3) maintain a record describing the collection, | ||
| transport, and recycling of plastic checkout bags under the program | ||
| established under this section until at least the second | ||
| anniversary of the date the record is made; and | ||
| (4) make the record available to the commission on | ||
| request. | ||
| (b) A business is exempt from establishing a plastic | ||
| checkout bag recycling program as required by Subsection (a) if: | ||
| (1) there is no public recycling program that accepts | ||
| plastic checkout bags in the county in which the business is | ||
| located; and | ||
| (2) a private recycling service that accepts plastic | ||
| checkout bags is not available to the business at a reasonable cost. | ||
| Sec. 376.006. RULES. The commission shall adopt rules to | ||
| implement this chapter. | ||
| Sec. 376.007. PREEMPTION OF LOCAL ORDINANCE. This chapter | ||
| preempts a local ordinance or rule to the extent of any conflict | ||
| with this chapter. | ||
| SECTION 2. This Act takes effect January 1, 2012. | ||
