Bill Text: TX HB437 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to manufacturers' inclusion of denatonium benzoate in certain products containing ethylene glycol.
Sponsorship: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2011-02-16 - Referred to Public Health [HB437 Detail]
Download: Texas-2011-HB437-Introduced.html
| 82R3811 SJM-F | ||
| By: Rodriguez | H.B. No. 437 | |
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| relating to manufacturers' inclusion of denatonium benzoate in | ||
| certain products containing ethylene glycol. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 501, Health and Safety | ||
| Code, is amended by adding Section 501.0234 to read as follows: | ||
| Sec. 501.0234. DENATONIUM BENZOATE ADDITIVE REQUIREMENT | ||
| FOR CERTAIN PRODUCTS CONTAINING ETHYLENE GLYCOL. (a) This section | ||
| applies to a product to be sold as antifreeze or engine coolant | ||
| that: | ||
| (1) contains an ethylene glycol concentration greater | ||
| than 10 percent by volume; and | ||
| (2) is manufactured after January 1, 2013. | ||
| (b) A manufacturer of a product described by Subsection (a) | ||
| may not distribute the product for sale in this state unless the | ||
| product includes denatonium benzoate in an amount of not less than | ||
| 30 parts per million and not more than 50 parts per million by | ||
| weight. | ||
| (c) A manufacturer of a product described by Subsection (a) | ||
| shall: | ||
| (1) maintain a record of the trade name, scientific | ||
| name, and active ingredients of the denatonium benzoate additive | ||
| used to comply with Subsection (b); and | ||
| (2) on request, make the record available to the | ||
| public. | ||
| (d) Subject to Subsection (e), a manufacturer, processor, | ||
| distributor, recycler, or seller of a product described by | ||
| Subsection (a) that includes denatonium benzoate in the | ||
| concentrations required by Subsection (b) is not liable to any | ||
| person for any personal injury, death, property damage, damage to | ||
| the environment, including natural resources, or economic loss that | ||
| results from the inclusion of denatonium benzoate in the product. | ||
| (e) The limitation on liability provided by Subsection (d) | ||
| does not apply to the extent that the cause of the liability is | ||
| unrelated to the inclusion of denatonium benzoate in a product | ||
| described by Subsection (a). | ||
| (f) A political subdivision of this state may not adopt or | ||
| enforce an ordinance, regulation, or policy that is inconsistent | ||
| with or more restrictive than this section. | ||
| (g) This section does not apply to the sale of: | ||
| (1) a motor vehicle that contains a product described | ||
| by Subsection (a); or | ||
| (2) a container sold at wholesale that contains 55 | ||
| gallons or more of antifreeze or engine coolant. | ||
| SECTION 2. A manufacturer is required to comply with | ||
| Section 501.0234, Health and Safety Code, as added by this Act, only | ||
| after January 1, 2013. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
