81R2565 JE-D
	By: Van de Putte	S.B. No. 338

	A BILL TO BE ENTITLED
	AN ACT
	relating to requirements for businesses that offer plastic checkout
	bags to customers; providing civil and administrative penalties.
	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.  CHECKOUT BAGS
	Sec. 376.001.  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.
	(2)  "Checkout bag" means a carryout bag that is
	provided by a store to a customer at the point of sale.
	(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. 376.002.  APPLICABILITY. This chapter does not apply
	to a business with fewer than 51 employees.
	Sec. 376.003.  BUSINESS REQUIRED TO OFFER REUSABLE BAGS AT
	REASONABLE PRICE. (a) A business that offers a plastic checkout
	bag to a customer shall make a reusable bag available for sale at a
	reasonable price.
	(b)  Before an employee of a business described by Subsection
	(a) provides a customer with a plastic checkout bag, the employee
	shall ask the customer if the customer would like to purchase a
	reusable bag.
	Sec. 376.004.  RECYCLING PROGRAM. A business that offers a
	plastic checkout bag to a customer shall establish a 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";
	(2)  place in a visible, easily accessible location at
	each location at which the business offers a plastic checkout bag to
	a customer, 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 records describing the collection,
	transport, and recycling of plastic checkout bags under the program
	established under this section; and
	(4)  make the records of the program available to the
	commission on request.
	Sec. 376.005.  RULES. The commission shall adopt rules to
	implement this chapter.
	SECTION 2.  Section 7.052, Water Code, is amended by adding
	Subsection (b-3) to read as follows:
	(b-3)  The amount of the penalty for a violation of Chapter
	376, Health and Safety Code, may not exceed:
	(1)  $200 for the first violation;
	(2)  $400 for the second violation, if the violation
	occurs on or before the first anniversary of the date of the first
	violation; or
	(3)  $600 for the third or a subsequent violation, if
	the violation occurs on or before the first anniversary of the date
	of the preceding violation.
	SECTION 3.  Sections 7.102 and 7.103, Water Code, are
	amended to read as follows:
	Sec. 7.102.  MAXIMUM PENALTY.  A person who causes, suffers,
	allows, or permits a violation of a statute, rule, order, or permit
	relating to Chapter 37 of this code, Chapter 366, 371, or 372,
	Health and Safety Code, Subchapter G, Chapter 382, Health and
	Safety Code, or Chapter 1903, Occupations Code, shall be assessed
	for each violation a civil penalty not less than $50 nor greater
	than $5,000 for each day of each violation as the court or jury
	considers proper.  A business that causes, suffers, allows, or
	permits a violation of a statute, rule, or order relating to Chapter
	376, Health and Safety Code, shall be assessed a civil penalty not
	greater than $100 for each day of each violation as the court or
	jury considers proper. A person who causes, suffers, allows, or
	permits a violation of a statute, rule, order, or permit relating to
	any other matter within the commission's jurisdiction to enforce,
	other than violations of Chapter 11, 12, 13, 16, or 36 of this code,
	or Chapter 341, Health and Safety Code, shall be assessed for each
	violation a civil penalty not less than $50 nor greater than $25,000
	for each day of each violation as the court or jury considers
	proper.  Each day of a continuing violation is a separate
	violation.
	Sec. 7.103.  CONTINUING VIOLATIONS.  (a)  Except as provided
	by Subsection (b), if [If] it is shown on a trial of a defendant that
	the defendant has previously been assessed a civil penalty for a
	violation of a statute within the commission's jurisdiction or a
	rule adopted or an order or a permit issued under such a statute
	within the year before the date on which the violation being tried
	occurred, the defendant shall be assessed a civil penalty not less
	than $100 nor greater than $25,000 for each subsequent day and for
	each subsequent violation.
	(b)  If it is shown on the trial of a defendant for a
	violation of Chapter 376, Health and Safety Code, or a rule adopted
	or an order issued under that chapter that the defendant has
	previously been assessed a civil penalty for a violation of that
	chapter or a rule adopted or an order issued under that chapter
	within the year before the date on which the violation being tried
	occurred, the defendant shall be assessed a civil penalty not
	greater than:
	(1)  $200 if the violation being tried is the
	defendant's second violation of that chapter or a rule adopted or an
	order issued under that chapter; or
	(2)  $500 if the violation being tried is the
	defendant's third or a subsequent violation of that chapter or a
	rule adopted or an order issued under that chapter.
	(c)  Each day of a continuing violation is a separate
	violation.
	SECTION 4.  This Act takes effect January 1, 2010, except
	that Section 376.005, Health and Safety Code, as added by this Act,
	takes effect September 1, 2009.