By: Kerwin H.B. No. 1674       A BILL TO BE ENTITLED   AN ACT   relating to the production, sale, and use of certain agricultural   products containing perfluoroalkyl and polyfluoroalkyl substances   (PFAS); 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; [or]                (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) 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)  Perfluorotridecanoic acid - 800 parts per   trillion;                (17)  GenX Chemicals - 800 parts per trillion.          (b)  Each month, a manufacturer of any material described by   Section 63.002(a)(5) shall send a sample identified as required by   Section 63.093 to the service for independent analysis for the   presence of perfluoroalkyl and polyfluoroalkyl substances. If the   service finds through chemical analysis or other method that a   sample contains a concentration of perfluoroalkyl and   polyfluoroalkyl substances above the levels in subsection (a):                (1)  the service shall provide notification of its   findings as provided under Section 63.094(a); and                (2)  the manufacturer shall dispose of the batch from   which the sample was taken through an appropriate hazardous waste   management unit as that term is defined in Section 361.003(14),   Health and Safety Code, or incineration.          (c)  Within a single calendar year, if the service finds that   two or more samples provided by the same manufacturer under   Subsection (b) contain a concentration of perfluoroalkyl and   polyfluoroalkyl substances above the levels in subsection (a), the   service shall immediately issue a stop-sale order for all materials   described by Section 63.002(a)(5) produced by the manufacturer and   suspend the manufacturer's permit to distribute materials   described by 63.002(a)(5) until the manufacturer is able to provide   the service with a sample that is in compliance with this Section.   The service may conduct random on-site sampling at the   manufacturer's expense during the time the manufacturer's permit is   suspended as provided by the Subsection.          (d)  If a manufacturer fails to send a sample as required   under Subsection (b) two or more times during a single calendar   year, the service shall take action against the manufacturer as   provided under Subsection (c).          (e)  In addition to the requirements in Subsection (b), a   manufacturer of any material described by Section 63.002(a)(5)   shall self-test each batch of material prior to distribution, sale,   or application. The manufacturer must maintain records of each   test and publish the results on its public internet website. Any   test finding a concentration of perfluoroalkyl and polyfluoroalkyl   substances above the levels in subsection (a) shall be disposed of   as provided by Subsection (b)(2).          SECTION 4.  Subchapter H, Chapter 63, Agriculture Code, is   amended by adding Sections 63.147 to read as follows:          Sec. 63.147.  UNLAWFUL DISTRIBUTION OF PRODUCTS CONTAINING   PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.  (a) A person   commits an offense if the person, acting intentionally or knowingly   with respect to the person's conduct, sells, distributes, 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(a).          (b)  Except as provided in Subsection (c), a violation of   this section is a Class A Misdemeanor.          (c)  If a person has previously been convicted of a violation   of this section, a subsequent violation of this section is a State   Jail Felony.          SECTION 5.  This Act takes effect September 1, 2025.