HB 290

By: Kerwin
  H.B. No. 290
  A BILL TO BE ENTITLED
  AN ACT
  relating to the production, sale, and use of certain agricultural
  products containing perfluoroalkyl and polyfluoroalkyl substances
  (PFAS) in Johnson County, Texas; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 63.001, Agriculture Code, is amended by
  adding Subsections (13-a) and (15-a) to read as follows:
               (13-a)  "Perfluoroalkyl and polyfluoroalkyl
  substances" means any member of the class of manufactured
  fluorinated chemicals containing at least one fully fluorinated
  carbon atom.
               (15-a)  "Sewage sludge" means any solid, semisolid, or
  liquid residue generated during treatment of sewage or septage at a
  municipal, commercial, or industrial wastewater treatment
  facility.
         SECTION 2.  Section 63.002, Agriculture Code, is amended by
  amending Subsection (a) to read as follows:
         Sec. 63.002.  COMMERCIAL FERTILIZER.  (a)  Except as
  otherwise provided by this section, a substance is a commercial
  fertilizer subject to this chapter if it is:
               (1)  a fertilizer material;
               (2)  a mixed fertilizer;
               (3)  a customer-formula fertilizer;
               (4)  another substance, material, or element,
  including a pesticide, that is intended for use or is used as an
  ingredient or component of a mixture of materials that is used,
  designed or represented for use, or claimed to have value, in
  promoting plant growth; or
               (5)  any biosolid, compost, wastewater residuals,
  industrial or sewage septage, sewage sludge, lagoon residuals, or
  other material intended for use as a fertilizer, soil amendment,
  topsoil replacement, or other similar agricultural purpose that
  contains or was produced from sewage sludge.
         SECTION 3.  Subchapter F, Chapter 63, Agriculture Code, is
  amended by adding Section 63.096 to read as follows:
         Sec. 63.096.  PROVISIONS RELATED TO PRODUCTS CONTAINING
  PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.  (a)  This section
  applies only to a county with a population of more than 175,000 and
  less than 195,000 according to the most recent federal decennial
  census.
         (b)  Except as otherwise provided in this Chapter, a person
  may not manufacture, sell, distribute, or apply any material
  described by Section 63.002(a)(5) with a concentration of
  perfluoroalkyl and polyfluoroalkyl substances above the following
  levels:
               (1)  Perfluorobutyric acid - 28,800 parts per trillion;
               (2)  Perfluorobutane sulfonate - 40,300 parts per
  trillion;
               (3)  Perfluoropentanoic acid - 14,400 parts per
  trillion;
               (4)  Perfluorohexane sulfonate - 300 parts per
  trillion;
               (5)  Perfluorohexanoic acid - 9,400 parts per trillion;
               (6)  Perfluoroheptanoic acid - 400 parts per trillion;
               (7)  Perfluorooctanoic sultanate - 5,100 parts per
  trillion;
               (8)  Perfluorooctanoic acid - 900 parts per trillion;
               (9)  Perfluorooctane sulfonamide - 2,700 parts per
  trillion;
               (10)  Perfluorononanoic acid - 1,500 parts per
  trillion;
               (11)  Perfluorodecanoic acid - 800 parts per trillion;
               (12)  Perfluorodecane sulfonate - 800 parts per
  trillion;
               (13)  Perfluoroundecanoic acid - 800 parts per
  trillion;
               (14)  Perfluorododecanoic acid - 800 parts per
  trillion;
               (15)  Perfluorotridecanoic acid - 800 parts per
  trillion;
               (16)  Perfluorotetradecanoic acid - 800 parts per
  trillion;
               (17)  GenX Chemicals - 800 parts per trillion.
         (c)  Each month, a manufacturer of any material described by
  Section 63.002(a)(5) located in or distributing products for
  application in a county described by Subsection (a) shall send a
  sample identified as required by Section 63.093 to the Texas A&M
  AgriLife Extension Service for independent analysis for the
  presence of perfluoroalkyl and polyfluoroalkyl substances.
         (d)  If the service finds that a sample contains
  concentrations above the levels in Subsection (b), the service
  shall notify the manufacturer and the manufacturer shall dispose of
  the batch through an appropriate hazardous waste management unit or
  incineration.
         (e)  Additional enforcement, recordkeeping, stop-sale
  orders, and suspension provisions apply as provided by this
  chapter.
         SECTION 4.  Subchapter H, Chapter 63, Agriculture Code, is
  amended by adding Section 63.147 to read as follows:
         Sec. 63.147.  UNLAWFUL DISTRIBUTION OF PRODUCTS CONTAINING
  PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.  (a)  This section
  applies only to a county described by Section 63.096(a).
         (b)  A person commits an offense if the person, acting
  intentionally or knowingly, sells, distributes, manufactures, or
  applies any material described by Section 63.002(a)(5) with a
  concentration of perfluoroalkyl and polyfluoroalkyl substances
  above the levels listed in Section 63.096(b) in the county
  described by Section 63.096(a).
         (c)  Except as provided by Subsection (d), an offense under
  this section is a Class A misdemeanor.
         (d)  If it is shown on the trial of the offense that the
  defendant has previously been convicted of an offense under this
  section, the offense is a state jail felony.
         SECTION 5.  This Act takes effect September 1, 2026.