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AN ACT
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relating to exempting the intrastate manufacture of certain |
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incandescent light bulbs from federal regulation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) The Tenth Amendment to the United States |
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Constitution guarantees to the states and their people all powers |
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not granted to the federal government elsewhere in the constitution |
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and reserves to the state and people of Texas certain powers as they |
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were understood at the time that Texas was admitted to statehood in |
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1845. The guaranty of those powers is a matter of contract between |
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the state and people of Texas and the United States dating from the |
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time Texas became a state. |
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(b) The Ninth Amendment to the United States Constitution |
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guarantees to the people rights not granted in the constitution and |
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reserves to the people of Texas certain rights as they were |
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understood at the time that Texas became a state. The guaranty of |
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those rights is a matter of contract between the state and people of |
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Texas and the United States dating from the time Texas became a |
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state. |
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(c) In 2007, the United States Congress passed the Energy |
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Independence and Security Act (Pub. L. No. 110-140). Section 321 of |
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that act bans the sale of certain incandescent light bulbs in the |
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United States beginning in 2012. |
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(d) The regulation of intrastate commerce is vested in the |
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states under the Ninth and Tenth Amendments to the United States |
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Constitution if not expressly preempted by federal law. The United |
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States Congress has not expressly preempted state regulation of |
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intrastate commerce relating to the manufacture on an intrastate |
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basis of incandescent light bulbs. |
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(e) The Legislature of the State of Texas declares that an |
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incandescent light bulb manufactured in Texas, as described by |
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Chapter 2004, Business & Commerce Code, as added by this Act, that |
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remains within the borders of Texas: |
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(1) has not traveled in interstate commerce; and |
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(2) is not subject to federal law or federal |
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regulation, under the authority of the United States Congress to |
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regulate interstate commerce. |
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SECTION 2. Title 99, Business & Commerce Code, is amended by |
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adding Chapter 2004 to read as follows: |
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CHAPTER 2004. INTRASTATE MANUFACTURE OF CERTAIN INCANDESCENT LIGHT |
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BULBS |
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Sec. 2004.001. DEFINITIONS. In this chapter: |
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(1) "Generic and insignificant part" means an item |
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that has manufacturing or consumer product applications other than |
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inclusion in an incandescent light bulb. |
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(2) "Incandescent light bulb" means a standard |
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incandescent or halogen light bulb that: |
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(A) is intended for general service |
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applications; |
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(B) has a lumen range of not less than 310 lumens |
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and not more than 2,600 lumens; and |
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(C) is capable of being operated at a voltage |
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range at least partially within 110 and 130 volts. |
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Sec. 2004.002. MEANING OF "MANUFACTURED IN THIS STATE." For |
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the purposes of this chapter, an incandescent light bulb is |
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manufactured in this state if the item is manufactured: |
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(1) in this state from materials located in this |
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state; and |
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(2) without the inclusion of any part imported from |
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another state other than a generic and insignificant part. |
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Sec. 2004.003. NOT SUBJECT TO FEDERAL REGULATION. An |
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incandescent light bulb that is manufactured in this state and |
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remains in this state is not subject to federal law or federal |
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regulation under the authority of the United States Congress to |
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regulate interstate commerce. |
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Sec. 2004.004. MARKETING OF LIGHT BULBS. An incandescent |
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light bulb manufactured and sold in this state must have the words |
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"Made in Texas" clearly stamped on it. |
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Sec. 2004.005. ATTORNEY GENERAL. On written notification |
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to the attorney general by a resident of this state of the |
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resident's intent to manufacture an incandescent light bulb to |
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which this chapter applies, the attorney general may seek a |
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declaratory judgment from a federal district court in this state |
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that this chapter is consistent with the United States |
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Constitution. |
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SECTION 3. This Act applies only to an incandescent light |
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bulb, as that term is defined by Section 2004.001, Business & |
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Commerce Code, as added by this Act, that is manufactured on or |
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after the effective date of this Act. |
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SECTION 4. This Act takes effect January 1, 2012. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2510 was passed by the House on May |
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11, 2011, by the following vote: Yeas 142, Nays 3, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2510 was passed by the Senate on May |
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24, 2011, by the following vote: Yeas 31, Nays 0 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |