Bill Text: TX SB103 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the provision of bags to customers of a business at the point of sale.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-14 - Left pending in committee [SB103 Detail]
Download: Texas-2017-SB103-Introduced.html
85R753 ATP-D | ||
By: Hall | S.B. No. 103 |
|
||
|
||
relating to the provision of bags to customers of a business at the | ||
point of sale. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 6, Business & Commerce Code, is amended by | ||
adding Chapter 205 to read as follows: | ||
CHAPTER 205. RIGHT OF BUSINESS TO PROVIDE BAG TO CUSTOMER | ||
Sec. 205.001. PROVISION OF BAG AUTHORIZED. A business that | ||
sells an item to a customer may provide to the customer at the point | ||
of sale a bag or other container made from any material. | ||
Sec. 205.002. REGULATIONS INVALID. A municipality may not | ||
adopt or enforce an ordinance or regulation that purports to | ||
restrict or prohibit a business from, require a business to charge a | ||
customer for, or tax or impose penalties on a business for providing | ||
to a customer at the point of sale a bag or other container made from | ||
any material. | ||
SECTION 2. Sections 361.0961(a) and (c), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) A local government or other political subdivision may | ||
not adopt or enforce an ordinance, rule, or regulation to: | ||
(1) prohibit or restrict, for solid waste management | ||
purposes, the sale or use of a container or package, including a bag | ||
provided by a business to a customer, in a manner not authorized by | ||
state law; | ||
(2) prohibit or restrict the processing of solid waste | ||
by a solid waste facility, except for a solid waste facility owned | ||
by the local government, permitted by the commission for that | ||
purpose in a manner not authorized by state law; or | ||
(3) assess a fee or deposit on the sale or use of a | ||
container or package, including a bag provided by a business to a | ||
customer. | ||
(c) This section does not limit the authority of a local | ||
government to enact zoning ordinances other than a zoning ordinance | ||
that prohibits, restricts, or assesses a fee or deposit on the use | ||
or provision by a business of a bag to a customer at the point of | ||
sale. | ||
SECTION 3. This Act takes effect September 1, 2017. |