Bill Text: TX HB1058 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to notice and information provided by a solid waste facility and a commercial transporter of solid waste regarding recycling programs for certain electronic waste.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-05-08 - Statement(s) of vote recorded in Journal [HB1058 Detail]
Download: Texas-2015-HB1058-Comm_Sub.html
84R18188 JRR-D | |||
By: Farias | H.B. No. 1058 | ||
Substitute the following for H.B. No. 1058: | |||
By: Rodriguez of Travis | C.S.H.B. No. 1058 |
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relating to notice and information provided by a solid waste | ||
facility and a commercial transporter of solid waste regarding | ||
recycling programs for certain electronic waste. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 361.954(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The collection, recycling, and reuse provisions of this | ||
subchapter apply to computer equipment used and returned to the | ||
manufacturer by a consumer in this state and, except as provided by | ||
Section 361.967, do not impose any obligation on an owner or | ||
operator of a solid waste facility or a commercial transporter of | ||
solid waste. | ||
SECTION 2. Section 361.966, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 361.966. FEDERAL PREEMPTION; EXPIRATION. (a) If | ||
federal law establishes a national program for the collection and | ||
recycling of computer equipment and the commission determines that | ||
the federal law substantially meets the purposes of Sections | ||
361.952 through 361.965 [ |
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an agency statement that interprets the federal law as preemptive | ||
of those sections [ |
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(b) Sections 361.952 through 361.965 expire [ |
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under this section. | ||
SECTION 3. Subchapter Y, Chapter 361, Health and Safety | ||
Code, is amended by adding Section 361.967 to read as follows: | ||
Sec. 361.967. NOTICE AND INFORMATION PROVIDED TO CONSUMER | ||
BY SOLID WASTE FACILITY AND COMMERCIAL TRANSPORTER. (a) In this | ||
section, "electronic waste" means computer equipment that is | ||
eligible for collection under a manufacturer's recovery plan | ||
adopted under Section 361.955. | ||
(b) An owner or operator of a solid waste facility shall | ||
post in a conspicuous location at the solid waste facility a sign | ||
that encourages consumers to recycle electronic waste. An owner or | ||
operator is not liable for electronic waste collected or disposed | ||
of at the solid waste facility and is not required to remove | ||
electronic waste collected or disposed of. An owner or operator is | ||
not in violation of this subsection if the owner or operator has | ||
made a good faith effort to comply with this subsection. | ||
(c) A commercial transporter of solid waste who transports | ||
waste to a solid waste facility shall provide each person who has | ||
contracted directly with the commercial transporter for the | ||
transportation of solid waste an informational insert that | ||
encourages consumers to recycle electronic waste. A commercial | ||
transporter must provide the insert to each person at least once | ||
each year. A commercial transporter is not liable for electronic | ||
waste carried by the commercial transporter and is not required to | ||
remove electronic waste collected. A commercial transporter is not | ||
in violation of this subsection if the commercial transporter has | ||
made a good faith effort to comply with this subsection. This | ||
subsection expires December 31, 2017. | ||
(d) The commission by rule shall develop the sign and | ||
informational insert required by this section. The sign and insert | ||
must include information relating to recycling programs for | ||
electronic waste and the commission's Internet website. | ||
SECTION 4. Section 361.973(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) Except as provided by this section and Sections | ||
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covered television equipment that is: | ||
(1) offered for sale or sold to a consumer in this | ||
state; or | ||
(2) used by a consumer in this state and returned for | ||
recycling. | ||
SECTION 5. Subchapter Z, Chapter 361, Health and Safety | ||
Code, is amended by adding Section 361.993 to read as follows: | ||
Sec. 361.993. NOTICE AND INFORMATION PROVIDED TO CONSUMER | ||
BY SOLID WASTE FACILITY AND COMMERCIAL TRANSPORTER. (a) In this | ||
section, "electronic waste" means covered television equipment | ||
that is eligible for collection under: | ||
(1) a manufacturer's recovery plan adopted under | ||
Section 361.978; or | ||
(2) a manufacturer recycling leadership program | ||
established under Section 361.979. | ||
(b) An owner or operator of a solid waste facility shall | ||
post in a conspicuous location at the solid waste facility a sign | ||
that encourages consumers to recycle electronic waste. An owner or | ||
operator is not liable for electronic waste collected or disposed | ||
of at the solid waste facility and is not required to remove | ||
electronic waste collected or disposed of. An owner or operator is | ||
not in violation of this subsection if the owner or operator has | ||
made a good faith effort to comply with this subsection. | ||
(c) A commercial transporter of solid waste who transports | ||
waste to a solid waste facility shall provide each person who has | ||
contracted directly with the commercial transporter for the | ||
transportation of solid waste an informational insert that | ||
encourages consumers to recycle electronic waste. A commercial | ||
transporter must provide the insert to each person at least once | ||
each year. A commercial transporter is not liable for electronic | ||
waste carried by the commercial transporter and is not required to | ||
remove electronic waste collected. A commercial transporter is not | ||
in violation of this subsection if the commercial transporter has | ||
made a good faith effort to comply with this subsection. This | ||
subsection expires December 31, 2017. | ||
(d) The commission by rule shall develop the sign and | ||
informational insert required by this section. The sign and insert | ||
must include information relating to recycling programs for | ||
electronic waste and the commission's Internet website. | ||
SECTION 6. (a) The Texas Commission on Environmental | ||
Quality shall adopt rules to implement this Act not later than | ||
December 31, 2015. | ||
(b) Sections 361.967 and 361.993, Health and Safety Code, as | ||
added by this Act, apply to an owner or operator of a solid waste | ||
facility and a commercial transporter of solid waste who transports | ||
waste to a solid waste facility beginning on the effective date of | ||
rules adopted by the Texas Commission on Environmental Quality | ||
under Subsection (a) of this section. | ||
SECTION 7. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. |