| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the imposition of a fee for certain plastic bags |
|
|
provided to customers by retailers. |
|
|
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. PLASTIC CARRYOUT BAGS |
|
|
Sec. 376.001. DEFINITIONS. In this chapter: |
|
|
(1) "Compostable plastic bag" means a plastic bag that |
|
|
meets the standard for compostable plastics developed by the |
|
|
American Society for Testing and Materials International as |
|
|
specified in ASTM D6400-04 as that standard existed on January 1, |
|
|
2009. |
|
|
(2) "Disposable plastic bag" means a plastic carryout |
|
|
bag that is provided by a retailer to a customer at the point of |
|
|
sale. The term does not include a reusable plastic bag. |
|
|
(3) "Retailer" means a person engaged in the business |
|
|
of selling goods directly to a customer. |
|
|
(4) "Reusable plastic bag" means a bag with handles |
|
|
that is specifically designed and manufactured for multiple reuses |
|
|
and is made of plastic that is at least 2.25 millimeters thick. |
|
|
Sec. 376.002. DISPOSABLE PLASTIC BAG FEE. Except as |
|
|
provided by Section 376.003, a fee of seven cents is imposed on a |
|
|
customer for each disposable plastic bag provided to the customer |
|
|
to carry out or protect goods purchased from a retailer. |
|
|
Sec. 376.003. EXEMPTIONS. A fee may not be imposed under |
|
|
Section 376.002 for: |
|
|
(1) a disposable plastic bag that is used solely to |
|
|
contain a product with no other packaging, including bulk grains, |
|
|
fruit, nuts, vegetables, or other food products; or |
|
|
(2) a compostable plastic bag. |
|
|
Sec. 376.004. COLLECTION BY RETAILER. (a) A retailer who |
|
|
provides a disposable plastic bag to a customer shall collect the |
|
|
fee imposed by Section 376.002. Except as provided by Subsection |
|
|
(d), the retailer shall remit the fee to the comptroller. |
|
|
(b) The retailer shall add the fee imposed by Section |
|
|
376.002 to the total price of the goods sold to the customer, and |
|
|
the fee is a part of the sales price, is a debt owed to the retailer |
|
|
by the customer, and is recoverable at law in the same manner as the |
|
|
original sales price. |
|
|
(c) The amount of the fee shall be stated separately on a |
|
|
sales receipt, invoice, or other record of sale. |
|
|
(d) A retailer may retain three percent of the total amount |
|
|
of the fees collected under Subsection (a) as reimbursement for any |
|
|
costs associated with the collection of the fees. |
|
|
Sec. 376.005. ADMINISTRATION, COLLECTION, AND ENFORCEMENT |
|
|
BY COMPTROLLER. The comptroller shall adopt any rules for the |
|
|
administration, payment, collection, and enforcement of the fee |
|
|
imposed by this chapter. |
|
|
Sec. 376.006. LOCAL RECYCLING PROGRAM ASSISTANCE ACCOUNT. |
|
|
(a) The local recycling program assistance account is established |
|
|
as an account in the general revenue fund. |
|
|
(b) The comptroller shall deposit the revenue received from |
|
|
the fee imposed by Section 376.002 to the credit of the account. |
|
|
(c) Money in the account may be appropriated only to |
|
|
counties and municipalities for the support of local recycling |
|
|
programs. |
|
|
SECTION 2. Section 376.002, Health and Safety Code, as |
|
|
added by this Act, applies only to the provision by a retailer of a |
|
|
disposable plastic bag on or after the effective date of this Act. |
|
|
SECTION 3. (a) Except as provided by Subsection (b) of this |
|
|
section, this Act takes effect January 1, 2010. |
|
|
(b) Section 376.005, Health and Safety Code, as added by |
|
|
this Act, takes effect September 1, 2009. |