89R14649 SCR-D     By: Goodwin H.B. No. 4633       A BILL TO BE ENTITLED   AN ACT   relating to regulation of certain retail distribution centers;   providing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle A, Title 9, Health and Safety Code, is   amended by adding Chapter 761 to read as follows:   CHAPTER 761. REGULATION OF CERTAIN RETAIL DISTRIBUTION CENTERS          Sec. 761.001.  DEFINITION. In this chapter, "retail   distribution center" means a facility that is primarily used for   the temporary storage of consumer goods, as defined by Section   9.102, Business & Commerce Code, for delivery to:                (1)  a retail store; or                (2)  a customer.          Sec. 761.002.  APPLICABILITY. This chapter applies only to   a retail distribution center:                (1)  that is located outside the corporate limits of a   municipality; and                (2)  the operation of which results in the following:                      (A)  800 or more total vehicle trips to and from   the center per day;                      (B)  400 or more vehicle trips to the center per   day; or                      (C)  400 or more vehicle trips from the center per   day.          Sec. 761.003.  PROHIBITED PROXIMITY TO SCHOOL OR HOSPITAL.   A retail distribution center to which this chapter applies may not   be located within two miles of:                (1)  a public or private school, including an   open-enrollment charter school; or                (2)  a hospital licensed under Chapter 241, Health and   Safety Code.          Sec. 761.004.  ENFORCEMENT; CIVIL PENALTY.  (a)  A person who   operates a retail distribution center that violates Section 761.003   is liable for a civil penalty of not more than $1,000. Each day a   violation continues may be considered a separate violation for   purposes of a civil penalty under this section.          (b)  The attorney general or the appropriate district or   county attorney may bring an action on behalf of this state to   collect a civil penalty under this section.          (c)  The attorney general or the appropriate district or   county attorney, as applicable, shall deposit a civil penalty in   the state treasury to the credit of the general revenue fund.          SECTION 2.  This Act takes effect September 1, 2025.