TITLE: Relating to the tracking of greenhouse gas emissions; creating a civil penalty.

SUMMARY: Relating to the tracking of greenhouse gas emissions; creating a civil penalty.

FULL TEXT:
AN ACT relating to the tracking of greenhouse gas emissions; creating a civil penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 382, Health and Safety Code, is amended by adding Subchapter J-1 to read as follows: SUBCHAPTER J-1. GREENHOUSE GAS EMISSIONS TRACKING Sec. 382.471. DEFINITIONS. In this subchapter: (1) "Company" means a for-profit organization, association, corporation, partnership, joint venture, statutory trust, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent, or affiliate of such an entity, that produces tangible goods for sale and is not primarily in the business of reporting news to the public. (2) "Greenhouse gas emissions" has the meaning assigned by Section 382.05102(a). Sec. 382.472. EMISSIONS TRACKING PROHIBITED. (a) Except as required by federal law, a company doing business in this state may not directly or indirectly expend resources to track, calculate, measure, assess, or estimate the greenhouse gas emissions in this state directly or indirectly attributable to the company for the purpose of complying with a federal or state law or regulation or a law or regulation of a foreign country. (b) A company, a nonprofit entity, or an agency or political subdivision of this state, another state, or a foreign country may not penalize or threaten to penalize a company doing business in this state because of the company's compliance with Subsection (a). Sec. 382.473. CIVIL PENALTY. (a) Notwithstanding Section 7.102, Water Code, a company that violates Section 382.472(a) or an entity that penalizes or threatens to penalize a company in violation of Section 382.472(b) is liable to this state for a civil penalty in an amount that is equal to the greater of: (1) $10,000; or (2) twice the amount directly or indirectly expended by the company to track, calculate, measure, assess, or estimate the greenhouse gas emissions in this state directly or indirectly attributable to the company. (b) On the request of the executive director or the commission, the attorney general shall institute a suit under Subchapter D, Chapter 7, Water Code, to recover the penalty. SECTION 2. Subchapter J-1, Chapter 382, Health and Safety Code, as added by this Act, applies only to an expenditure of resources by a company that is initiated on or after the effective date of this Act. SECTION 3. This Act takes effect September 1, 2025.