89R3039 DRS-D     By: Lopez of Cameron H.B. No. 4049       A BILL TO BE ENTITLED   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.