Bill Text: TX HB1346 | 2013-2014 | 83rd Legislature | Introduced


Bill Title: Relating to the collection and recycling of computer and television equipment by certain retailers; providing for the imposition of administrative penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-03-26 - Left pending in committee [HB1346 Detail]

Download: Texas-2013-HB1346-Introduced.html
  83R5307 JRR-F
 
  By: M. Gonzalez of El Paso H.B. No. 1346
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the collection and recycling of computer and television
  equipment by certain retailers; providing for the imposition of
  administrative penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 361.952, Health and Safety Code, is
  amended by adding Subdivisions (3-a) and (4-a) to read as follows:
               (3-a)  "Large retailer" means a retailer that:
                     (A)  has annual sales of $5 million or more, not
  including motor fuel, as defined by Section 162.001, Tax Code; and
                     (B)  has over 75,000 square feet of retail space
  that generates sales or use tax.
               (4-a)  "Retailer" means a person who owns or operates a
  business that sells computer equipment by any means directly to a
  consumer.  The term does not include a person who, in the ordinary
  course of business, regularly leases, offers to lease, or arranges
  for leasing of merchandise under a rental-purchase agreement.
         SECTION 2.  Section 361.956, Health and Safety Code, is
  amended by adding Subsection (a-1) and amending Subsection (c) to
  read as follows:
         (a-1)  A large retailer may not sell or offer to sell new
  computer equipment in this state unless the retailer complies with
  Section 361.9565.
         (c)  Except as provided by Section 361.9565, a [A] retailer
  is not required to collect computer equipment for recycling or
  reuse under this subchapter.
         SECTION 3.  Subchapter Y, Chapter 361, Health and Safety
  Code, is amended by adding Section 361.9565 to read as follows:
         Sec. 361.9565.  LARGE RETAILER RESPONSIBILITY. (a) A large
  retailer shall:
               (1)  without charge:
                     (A)  accept at the retailer's location during
  normal business hours computer equipment from a consumer; or
                     (B)  provide a consumer with a system by which the
  consumer may send computer equipment by mail to the retailer or
  another entity that will recycle or reuse the computer equipment in
  a manner that complies with Section 361.964;
               (2)  make readily available at the retailer's location
  and on its website, if applicable, information about the collection
  and recycling of computer equipment under this chapter; and
               (3)  ensure that all computer equipment collected under
  this section is recycled, reused, or disposed of in a manner that
  complies with Section 361.964.
         (b)  A large retailer that accepts computer equipment at the
  retailer's location under Subsection (a)(1) shall post at the
  retailer's location prominent, easily visible signs that provide
  information about the collection and recycling of computer
  equipment and indicate that computer equipment is accepted by the
  retailer at that location. The signs may state the retailer's
  normal business hours and include a statement that computer
  equipment is accepted only during those hours.
         (c)  A large retailer may enter into an agreement with a
  manufacturer or group of manufacturers of computer equipment to
  satisfy the requirements of Subsection (a)(3).
         SECTION 4.  Section 361.971, Health and Safety Code, is
  amended by adding Subdivision (3-a) to read as follows:
               (3-a)  "Large retailer" means a retailer that:
                     (A)  has annual sales of $5 million or more, not
  including motor fuel, as defined by Section 162.001, Tax Code; and
                     (B)  has over 75,000 square feet of retail space
  that generates sales or use tax.
         SECTION 5.  Section 361.974, Health and Safety Code, is
  amended to read as follows:
         Sec. 361.974.  SALES PROHIBITION.  (a)  A person may not
  offer for sale in this state new covered television equipment
  unless the equipment has been labeled in compliance with Section
  361.975.
         (b)  A large retailer may not sell or offer to sell covered
  television equipment in this state unless the retailer complies
  with Section 361.9815.
         SECTION 6.  Section 361.981(c), Health and Safety Code, is
  amended to read as follows:
         (c)  Except as provided by Section 361.9815, this [This]
  subchapter does not require a retailer to collect covered
  television equipment for recycling.
         SECTION 7.  Subchapter Z, Chapter 361, Health and Safety
  Code, is amended by adding Section 361.9815 to read as follows:
         Sec. 361.9815.  LARGE RETAILER RESPONSIBILITY. (a) A large
  retailer shall:
               (1)  without charge:
                     (A)  accept at the retailer's location during
  normal business hours covered television equipment from a consumer;
  or
                     (B)  provide a consumer with a system by which the
  consumer may send covered television equipment to the retailer or
  another entity that will dispose of or recycle the equipment in a
  manner that complies with Section 361.990;
               (2)  make readily available at the retailer's location
  and on its website, if applicable, information about the collection
  and recycling of covered television equipment under this chapter;
  and
               (3)  ensure that all covered television equipment
  collected under this section is disposed of or recycled in a manner
  that complies with Section 361.990.
         (b)  A large retailer that accepts covered television
  equipment at the retailer's location under Subsection (a)(1) shall
  post at the retailer's location prominent, easily visible signs
  that provide information about the collection and recycling of
  covered television equipment and indicate that covered television
  equipment is accepted by the retailer at that location. The signs
  may state the retailer's normal business hours and include a
  statement that covered television equipment is accepted only during
  those hours.
         (c)  A large retailer may enter into an agreement with
  manufacturers of covered television equipment to satisfy the
  requirements of Subsection (a)(3).
         SECTION 8.  (a)  The Texas Commission on Environmental
  Quality shall adopt any rules required to implement this Act not
  later than May 1, 2014.
         (b)  The changes in law made to Subchapters Y and Z, Chapter
  361, Health and Safety Code, by this Act may not be enforced before
  September 1, 2014.
         SECTION 9.  This Act takes effect September 1, 2013.
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