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

Texas House Bill 2510 (Prior Session Legislation)

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

Spectrum: Partisan Bill (Republican 34-1)

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

Download: Texas-2011-HB2510-Enrolled.html



	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