bill barring “flushable” labels on wipes that do not dissolve

The text as introduced · 379 words

89R3082 MPF-D

By: Rosenthal
H.B. No. 501

A BILL TO BE ENTITLED

AN ACT

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.