Bill Text: TX HB1953 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to liability for the donation and distribution of feminine hygiene products.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2021-04-26 - Received from the House [HB1953 Detail]
Download: Texas-2021-HB1953-Comm_Sub.html
87R5932 JES-D | ||
By: Howard, Johnson of Dallas, Slawson, | H.B. No. 1953 | |
Leach |
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relating to liability for the donation and distribution of feminine | ||
hygiene products. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 4, Civil Practice and Remedies Code, is | ||
amended by adding Chapter 89A to read as follows: | ||
CHAPTER 89A. DONATION OF FEMININE HYGIENE PRODUCTS | ||
Sec. 89A.001. DEFINITIONS. In this chapter: | ||
(1) "Feminine hygiene product" means a tampon, a panty | ||
liner, a menstrual cup, a sanitary napkin, or other similar item | ||
used in connection with the menstrual cycle. | ||
(2) "Nonprofit organization" means an organization | ||
exempt from federal income taxation under Section 501(a), Internal | ||
Revenue Code of 1986, as an organization described by Section | ||
501(c)(3) of that code. | ||
Sec. 89A.002. LIABILITY FROM DONATION OF FEMININE HYGIENE | ||
PRODUCT. A person, including a manufacturer or distributor, is not | ||
subject to civil or criminal liability arising from the nature, | ||
age, packaging, or condition of a feminine hygiene product that the | ||
person donates in good faith to a nonprofit organization for | ||
distribution to individuals in need of the products if the donated | ||
product meets all quality and labeling standards imposed by law at | ||
the time the product is donated, even if the product is not readily | ||
marketable. | ||
Sec. 89A.003. NONPROFIT ORGANIZATION LIABILITY FROM | ||
DISTRIBUTED MENSTRUAL PRODUCT. A nonprofit organization is not | ||
subject to civil or criminal liability arising from the nature, | ||
age, packaging, or condition of a feminine hygiene product donated | ||
to the organization that the organization distributes to | ||
individuals in need of the products if the donated product meets all | ||
quality and labeling standards imposed by law at the time the | ||
product is distributed, even if the product is not readily | ||
marketable. | ||
Sec. 89A.004. EXCEPTIONS. This chapter does not apply to a | ||
person who donates a feminine hygiene product or a nonprofit | ||
organization that distributes a donated feminine hygiene product if | ||
the person or organization, as applicable, intentionally or with | ||
gross negligence donates or distributes a product that results in | ||
injury to or death of an individual who uses or receives the | ||
product. | ||
SECTION 2. Chapter 89A, Civil Practice and Remedies Code, | ||
as added by this Act, applies only to a cause of action that accrues | ||
on or after the effective date of this Act. | ||
SECTION 3. This Act takes effect September 1, 2021. |