HB 290 — 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.

Bill Text

• Introduced View text Current pdf

Compared against the Texas statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 4 section(s) of the Texas statutes: Section 63.001, Agriculture Code, Section 63.002, Agriculture Code, Section 63.096, Agriculture Code, Section 63.147, Agriculture Code.

• Section 63.001, Agriculture Code

  "Perfluoroalkyl and polyfluoroalkyl substances" means any member of the class of manufactured fluorinated chemicals containing at least one fully fluorinated carbon atom. ) "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.

  amended

• Section 63.002, Agriculture Code

  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.

  amended

• Section 63.096, Agriculture Code

  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.

  added

• Section 63.147, Agriculture Code

  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.

  added

Action History

1. August 22, 2025

   Filed

Sponsors

• Leo Wilson · Primary
• Helen Kerwin · Primary

Subjects