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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of bags to customers of a business at the |
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point of sale. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Business & Commerce Code, is amended by |
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adding Chapter 205 to read as follows: |
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CHAPTER 205. RIGHT OF BUSINESS TO PROVIDE BAG TO CUSTOMER |
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Sec. 205.001. PROVISION OF BAG AUTHORIZED. A business that |
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sells an item to a customer may provide to the customer at the point |
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of sale a bag or other container made from any material. |
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Sec. 205.002. REGULATIONS INVALID. An ordinance or |
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regulation adopted by a municipality purporting to restrict or |
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prohibit a business from, require a business to charge a customer |
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for, or tax or impose penalties on a business for providing to a |
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customer at the point of sale a bag or other container made from any |
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material is invalid and has no effect. |
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SECTION 2. Sections 361.0961(a) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(a) A local government or other political subdivision may |
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not adopt an ordinance, rule, or regulation to: |
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(1) prohibit or restrict, for solid waste management |
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purposes, the sale or use of a container or package, including a bag |
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provided by a business to a customer, in a manner not authorized by |
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state law; |
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(2) prohibit or restrict the processing of solid waste |
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by a solid waste facility, except for a solid waste facility owned |
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by the local government, permitted by the commission for that |
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purpose in a manner not authorized by state law; or |
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(3) assess a fee or deposit on the sale or use of a |
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container or package, including a bag provided by a business to a |
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customer. |
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(c) This section does not limit the authority of a local |
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government to enact zoning ordinances, except that a zoning |
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ordinance enacted by a local government may not prohibit, restrict, |
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or assess a fee or deposit on the use or provision by a business of a |
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bag to a customer at the point of sale. |
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SECTION 3. Beginning September 1, 2015, a municipality may |
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not enforce any ordinance or regulation adopted by the municipality |
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before that date that prohibits or restricts a business from |
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providing to a customer at the point of sale a bag or other |
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container made from any material. |
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SECTION 4. This Act takes effect September 1, 2015. |