Bill Text: TX HB242 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to liability for the donation and distribution of feminine hygiene products.
Spectrum: Moderate Partisan Bill (Democrat 32-6)
Status: (Passed) 2023-05-24 - Effective on 9/1/23 [HB242 Detail]
Download: Texas-2023-HB242-Enrolled.html
| H.B. No. 242 | ||
|
|
||
| relating to liability for the donation and distribution of feminine | ||
| hygiene products. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 4, Civil Practice and Remedies Code, is | ||
| amended by adding Chapter 89A to read as follows: | ||
| CHAPTER 89A. DONATION OF FEMININE HYGIENE PRODUCTS | ||
| Sec. 89A.001. DEFINITIONS. In this chapter: | ||
| (1) "Feminine hygiene product" means a tampon, a panty | ||
| liner, a menstrual cup, a sanitary napkin, or other similar item | ||
| used in connection with the menstrual cycle. | ||
| (2) "Nonprofit organization" means an organization | ||
| exempt from federal income taxation under Section 501(a), Internal | ||
| Revenue Code of 1986, as an organization described by Section | ||
| 501(c)(3) of that code. | ||
| Sec. 89A.002. LIABILITY FROM DONATION OF FEMININE HYGIENE | ||
| PRODUCT. A person, including a manufacturer or distributor, is not | ||
| subject to civil or criminal liability arising from the nature, | ||
| age, packaging, or condition of a feminine hygiene product that the | ||
| person donates in good faith to a nonprofit organization for | ||
| distribution to individuals in need of the products if the donated | ||
| product meets all quality and labeling standards imposed by law at | ||
| the time the product is donated, even if the product is not readily | ||
| marketable. | ||
| Sec. 89A.003. NONPROFIT ORGANIZATION LIABILITY FROM | ||
| DISTRIBUTED FEMININE HYGIENE PRODUCT. A nonprofit organization is | ||
| not subject to civil or criminal liability arising from the nature, | ||
| age, packaging, or condition of a feminine hygiene product donated | ||
| to the organization that the organization distributes to | ||
| individuals in need of the products if the donated product meets all | ||
| quality and labeling standards imposed by law at the time the | ||
| product is distributed, even if the product is not readily | ||
| marketable. | ||
| Sec. 89A.004. EXCEPTIONS. This chapter does not apply to a | ||
| person who donates a feminine hygiene product or a nonprofit | ||
| organization that distributes a donated feminine hygiene product if | ||
| the person or organization, as applicable, intentionally or with | ||
| gross negligence donates or distributes a product that results in | ||
| injury to or death of an individual who uses or receives the | ||
| product. | ||
| SECTION 2. Chapter 89A, Civil Practice and Remedies Code, | ||
| as added by this Act, applies only to a cause of action that accrues | ||
| on or after the effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 242 was passed by the House on April | ||
| 11, 2023, by the following vote: Yeas 145, Nays 0, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 242 was passed by the Senate on May | ||
| 11, 2023, by the following vote: Yeas 30, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
