Bill Text: TX HB1877 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the imposition of a fee for certain plastic bags provided to customers by retailers to fund a grant program to support local recycling efforts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-03-07 - Referred to Ways & Means [HB1877 Detail]

Download: Texas-2011-HB1877-Introduced.html

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82R5956 JE-D
By: Coleman H.B. No. 1877

A BILL TO BE ENTITLED
AN ACT
relating to the imposition of a fee for certain plastic bags
provided to customers by retailers to fund a grant program to
support local recycling efforts.
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. DISPOSABLE PLASTIC BAG FEE; LOCAL RECYCLING
ASSISTANCE GRANT PROGRAM
Sec. 376.001. DEFINITIONS. In this chapter:
(1) "Compostable plastic bag" means a plastic bag that
meets or exceeds 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,
2011.
(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. GRANT PROGRAM. (a) The comptroller shall
establish and administer a local recycling assistance grant program
for the public purpose of supporting municipal and county recycling
efforts in this state.
(b) Only a municipality or county may apply for and receive
a grant under the program.
(c) The comptroller by rule shall establish criteria for the
awarding of grants under this section. In adopting the rules, the
comptroller must give preference to applicants that:
(1) do not have a recycling program on the date of the
application; or
(2) will use the grant money to expand the recycling
capacity of an existing recycling program.
(d) The comptroller shall adopt any other rules and forms
necessary for the implementation and administration of the program.
Sec. 376.003. DISPOSABLE PLASTIC BAG FEE. Except as
provided by Section 376.004, a fee of five 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. 376.004. EXEMPTIONS. A fee may not be imposed under
Section 376.003 for:
(1) a disposable plastic bag that is used solely to
carry bulk food, produce, or meat from a department within a store
to the point of sale; or
(2) a compostable plastic bag.
Sec. 376.005. COLLECTION BY RETAILER. (a) A retailer who
provides a disposable plastic bag to a customer shall collect the
fee imposed by Section 376.003. 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
376.003 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. 376.006. 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. 376.007. 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 376.003 to the credit of the account.
(c) Money in the account may be appropriated only for the
implementation and administration of the grant program established
under Section 376.002.
SECTION 2. (a) Except as provided by Subsection (b) of this
section, this Act takes effect January 1, 2012.
(b) Section 376.006, Health and Safety Code, as added by
this Act, takes effect September 1, 2011.