Bill Text: TX HB501 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the advertisement of disposable wipes as flushable; authorizing a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB501 Detail]
Download: Texas-2025-HB501-Introduced.html
| 89R3082 MPF-D | ||
| By: Rosenthal | H.B. No. 501 | |
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| relating to the advertisement of disposable wipes as flushable; | ||
| authorizing a civil penalty. | ||
| 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 375 to read as follows: | ||
| CHAPTER 375. DISPOSABLE WIPES | ||
| Sec. 375.001. DEFINITIONS. In this chapter: | ||
| (1) "Covered entity" means a manufacturer of a | ||
| disposable wipe and a wholesaler, supplier, or retailer of a | ||
| disposable wipe. | ||
| (2) "Disposable wipe" means a single-use, | ||
| premoistened wipe designed or marketed for diapering, personal | ||
| hygiene, or other cleaning purposes. | ||
| Sec. 375.002. PROHIBITED ADVERTISEMENT OF DISPOSABLE WIPE | ||
| AS FLUSHABLE. A covered entity may not advertise, label, or | ||
| otherwise communicate that a disposable wipe may be disposed of in a | ||
| toilet, including by communicating the disposable wipe is | ||
| "flushable," "sewer safe," or "septic safe," unless the disposable | ||
| wipe disintegrates or dissolves immediately in water. | ||
| Sec. 375.003. CIVIL PENALTY. (a) A covered entity that | ||
| violates Section 375.002 is liable for a civil penalty in an amount | ||
| equal to: | ||
| (1) $1,000 for a first violation; | ||
| (2) not less than $1,000 or more than $5,000 for a | ||
| second violation; and | ||
| (3) not less than $5,000 or more than $10,000 for a | ||
| third or subsequent violation. | ||
| (b) The attorney general may file suit in district court to | ||
| recover a civil penalty imposed under this section against a | ||
| covered entity that violates Section 375.002. | ||
| (c) A civil penalty collected under this section shall be | ||
| deposited in the general revenue fund. | ||
| (d) The attorney general may recover reasonable expenses | ||
| incurred in collecting the civil penalty, including court costs, | ||
| reasonable attorney's fees, investigative costs, witness fees, and | ||
| deposition costs. | ||
| Sec. 375.004. INJUNCTIVE RELIEF. (a) The attorney general | ||
| may bring an action in district court to enjoin a covered entity | ||
| from selling disposable wipes if the covered entity violates | ||
| Section 375.002 after a civil penalty has been assessed against the | ||
| covered entity under Section 375.003 for a third or subsequent | ||
| violation of Section 375.002. | ||
| (b) The attorney general may recover reasonable expenses | ||
| incurred in obtaining relief under this section, including court | ||
| costs, reasonable attorney's fees, investigative costs, witness | ||
| fees, and deposition costs. | ||
| SECTION 2. This Act takes effect September 1, 2025. | ||
