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§ 89A.001.Definitions

Title 4. Liability in Tort · Chapter 89A. Donation of Feminine Hygiene Products · Last amended 2023 · Last verified August 29, 2026

In one sentenceSection 89A.001 defines feminine hygiene product and limits nonprofit organization to 501(c)(3) exempt entities.

Full Text of § 89A.001

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In this chapter:
(1)"Feminine hygiene product" means a tampon, a panty liner, a menstrual cup, a sanitary napkin, or other similar item used in connection with the menstrual cycle.
(2)"Nonprofit organization" means an organization exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code.
End

Plain-English Summary

Two definitions for a short chapter following the donor template.

"Feminine hygiene product" means a tampon, a panty liner, a menstrual cup, a sanitary napkin, or other similar item used in connection with the menstrual cycle.

The four named items plus the residual clause cover the category, and the reference to the menstrual cycle is what limits it.

"Nonprofit organization" means an organization exempt from federal income taxation under Section 501(a) as an organization described by Section 501(c)(3).

That is narrower than the neighbouring donor chapters. The food donor chapter requires only a religious, charitable, or educational purpose and non-distribution of income, with no exemption requirement. The medical device chapter accepts a bona fide charitable organization without exempt status as an alternative.

Here the exemption is the only route, and only under 501(c)(3) — not 501(c)(4), which the device chapter also accepts.

The narrowing has a practical consequence: an informal community group distributing these products, of the kind that has grown up around period poverty, would need exempt status to bring the recipient within the chapter.

The chapter otherwise follows the food donor model closely, with separate protections for the donor and the distributing organization.

Frequently Asked Questions

What is a feminine hygiene product under this chapter?

A tampon, panty liner, menstrual cup, sanitary napkin, or other similar item used in connection with the menstrual cycle.

Which organizations can receive donations?

Only an organization exempt from federal income taxation under Section 501(a) as an organization described by Section 501(c)(3).

Is that narrower than the other donor chapters?

Yes. The food donor chapter requires no exemption, and the medical device chapter accepts 501(c)(4) organizations or bona fide charities without exempt status.

Amendment History

  • Added by Acts 2023, 88th Leg., R.S., Ch. 172 (H.B. 242), Sec. 1, eff. September 1, 2023.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source