Texas 2009 - 81st Regular

Texas House Bill HB1355 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R4989 KJM-D
2	2	By: Guillen H.B. No. 1355
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a program for the recycling of electronic equipment of
8	8	consumers and certain other entities in this state; providing
9	9	administrative penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Subchapter Y, Chapter 361, Health
12	12	and Safety Code, is amended to read as follows:
13	13	SUBCHAPTER Y. ELECTRONIC [COMPUTER] EQUIPMENT RECYCLING PROGRAM
14	14	SECTION 2. Section 361.951, Health and Safety Code, is
15	15	amended to read as follows:
16	16	Sec. 361.951. SHORT TITLE. This subchapter may be cited as
17	17	the Manufacturer Responsibility and Consumer Convenience
18	18	Electronic [Computer] Equipment Collection and Recovery Act.
19	19	SECTION 3. Section 361.952, Health and Safety Code, is
20	20	amended by adding Subdivisions (1-a), (2-a), (2-b), (3-a), (4-a),
21	21	(4-b), and (4-c) and amending Subdivisions (2), (3), and (4) to read
22	22	as follows:
23	23	(1-a) "Camera" means a device used to capture images
24	24	as still photographs or as a sequence of moving images also known as
25	25	videos or movies.
26	26	(2) "Computer equipment" means a desktop or notebook
27	27	computer and includes:
28	28	(A) a computer monitor or other display device
29	29	that does not contain a tuner; and
30	30	(B) a peripheral device such as a computer mouse
31	31	or computer keyboard.
32	32	(2-a) "Computer keyboard" means a peripheral input
33	33	device that uses an arrangement of buttons or keys as electronic
34	34	switches.
35	35	(2-b) "Computer mouse" means a hand-operated
36	36	electronic device that controls the coordinates of a cursor on the
37	37	computer screen.
38	38	(3) "Consumer" means an individual, small business,
39	39	not-for-profit organization, or school that purchases covered
40	40	electronic [who uses computer] equipment:
41	41	(A) [that is purchased] primarily for the
42	42	individual's personal or home business use; or
43	43	(B) for internal use by a:
44	44	(i) business with 10 or fewer employees;
45	45	(ii) not-for-profit organization with 50 or
46	46	fewer employees; or
47	47	(iii) public or private elementary or
48	48	secondary school.
49	49	(3-a) "Covered electronic equipment" means:
50	50	(A) computer equipment;
51	51	(B) televisions;
52	52	(C) personal digital assistants;
53	53	(D) electronic cameras;
54	54	(E) mobile telephones; and
55	55	(F) pagers.
56	56	(4) "Manufacturer" means a person:
57	57	(A) who manufactures or manufactured covered
58	58	electronic [computer] equipment under a brand that:
59	59	(i) the person owns or owned; or
60	60	(ii) the person is or was licensed to use,
61	61	other than under a license to manufacture covered electronic
62	62	[computer] equipment for delivery exclusively to or at the order of
63	63	the licensor;
64	64	(B) who sells or sold covered electronic
65	65	[computer] equipment manufactured by others under a brand that:
66	66	(i) the person owns or owned; or
67	67	(ii) the person is or was licensed to use,
68	68	other than under a license to manufacture covered electronic
69	69	[computer] equipment for delivery exclusively to or at the order of
70	70	the licensor;
71	71	(C) who manufactures or manufactured covered
72	72	electronic [computer] equipment without affixing a brand;
73	73	(D) who manufactures or manufactured covered
74	74	electronic [computer] equipment to which the person affixes or
75	75	affixed a brand that:
76	76	(i) the person does not or has not owned; or
77	77	(ii) the person is not or was not licensed
78	78	to use; or
79	79	(E) who imports or imported covered electronic
80	80	[computer] equipment manufactured outside the United States into
81	81	the United States unless at the time of importation the company or
82	82	licensee that sells or sold the covered electronic [computer]
83	83	equipment to the importer has or had assets or a presence in the
84	84	United States sufficient to be considered the manufacturer.
85	85	(4-a) "Mobile telephone" includes a cellular
86	86	telephone or similar wireless communications device that can be
87	87	used as a telephone.
88	88	(4-b) "Pager" means a personal wireless
89	89	communications device for short messages. The term includes:
90	90	(A) one-way numeric pagers; and
91	91	(B) two-way pagers that can send and receive
92	92	e-mail, numeric pages, and short message service messages.
93	93	(4-c) "Personal digital assistant" means a handheld
94	94	computer also known as a palmtop computer.
95	95	SECTION 4. Section 361.953, Health and Safety Code, is
96	96	amended to read as follows:
97	97	Sec. 361.953. LEGISLATIVE FINDINGS AND PURPOSE. (a)
98	98	Computers and other electronic equipment [related display devices]
99	99	are critical elements to the strength and growth of this state's
100	100	economic prosperity and quality of life. Many of those products can
101	101	be refurbished and reused, and many contain valuable components
102	102	that can be recycled.
103	103	(b) The purpose of this subchapter is to establish a
104	104	comprehensive, convenient, and environmentally sound program for
105	105	the collection, recycling, and reuse of covered electronic
106	106	[computer] equipment that has reached the end of its useful life.
107	107	The program is based on individual manufacturer responsibility and
108	108	shared responsibility among consumers, retailers, and the
109	109	government of this state.
110	110	SECTION 5. Section 361.954, Health and Safety Code, is
111	111	amended to read as follows:
112	112	Sec. 361.954. APPLICABILITY. (a) The collection,
113	113	recycling, and reuse provisions of this subchapter apply to covered
114	114	electronic [computer] equipment used and returned to the
115	115	manufacturer by a consumer in this state and do not impose any
116	116	obligation on an owner or operator of a solid waste facility.
117	117	(b) This subchapter does not apply to:
118	118	(1) [a television,] any part of a motor vehicle[, a
119	119	personal digital assistant, or a telephone];
120	120	(2) a consumer's lease of covered electronic
121	121	[computer] equipment or a consumer's use of covered electronic
122	122	[computer] equipment under a lease agreement; or
123	123	(3) the sale or lease of covered electronic [computer]
124	124	equipment to an entity when the manufacturer and the entity enter
125	125	into a contract that effectively addresses the collection,
126	126	recycling, and reuse of covered electronic [computer] equipment
127	127	that has reached the end of its useful life.
128	128	SECTION 6. Section 361.955, Health and Safety Code, is
129	129	amended by amending Subsections (a), (b), (c), (d), (e), (f), (h),
130	130	(i), and (j) and adding Subsection (c-1) to read as follows:
131	131	(a) Before a manufacturer may offer covered electronic
132	132	[computer] equipment for sale in this state, the manufacturer must:
133	133	(1) adopt and implement a recovery plan; and
134	134	(2) affix a permanent, readily visible label to the
135	135	covered electronic [computer] equipment with the manufacturer's
136	136	brand.
137	137	(b) The recovery plan must enable a consumer to recycle
138	138	covered electronic [computer] equipment without paying a separate
139	139	fee at the time of recycling and must include provisions for:
140	140	(1) the manufacturer's collection from a consumer of
141	141	any covered electronic [computer] equipment that has reached the
142	142	end of its useful life and is labeled with the manufacturer's brand;
143	143	and
144	144	(2) recycling or reuse of covered electronic
145	145	[computer] equipment collected under Subdivision (1).
146	146	(c) The collection of covered electronic [computer]
147	147	equipment provided under the recovery plan must be:
148	148	(1) reasonably convenient and available to consumers
149	149	in this state; and
150	150	(2) designed to meet the collection needs of consumers
151	151	in this state.
152	152	(c-1) The recovery plan must provide for reasonably
153	153	convenient collection without charge of the manufacturer's covered
154	154	electronic equipment that is collected from consumers at a
155	155	collection site a county or municipality may provide for that
156	156	purpose.
157	157	(d) Examples of collection methods that alone or combined
158	158	meet the convenience requirements of this section include:
159	159	(1) a system by which the manufacturer or the
160	160	manufacturer's designee offers the consumer a system for returning
161	161	covered electronic [computer] equipment by mail;
162	162	(2) a system using a physical collection site that the
163	163	manufacturer or the manufacturer's designee keeps open and staffed
164	164	and to which the consumer may return covered electronic [computer]
165	165	equipment; and
166	166	(3) a system using a collection event held by the
167	167	manufacturer or the manufacturer's designee at which the consumer
168	168	may return covered electronic [computer] equipment.
169	169	(e) Collection services under this section may use existing
170	170	collection and consolidation infrastructure for handling covered
171	171	electronic [computer] equipment and may include electronic
172	172	recyclers and repair shops, recyclers of other commodities, reuse
173	173	organizations, not-for-profit corporations, retailers, recyclers,
174	174	and other suitable operations.
175	175	(f) The recovery plan must include information for the
176	176	consumer on how and where to return the manufacturer's covered
177	177	electronic [computer] equipment. The manufacturer:
178	178	(1) shall include collection, recycling, and reuse
179	179	information on the manufacturer's publicly available Internet
180	180	site;
181	181	(2) shall provide collection, recycling, and reuse
182	182	information to the commission; and
183	183	(3) may include collection, recycling, and reuse
184	184	information in the packaging for or in other materials that
185	185	accompany the manufacturer's covered electronic [computer]
186	186	equipment when the equipment is sold.
187	187	(h) Each manufacturer shall submit a report to the
188	188	commission not later than January 31 of each year that includes:
189	189	(1) the weight of covered electronic [computer]
190	190	equipment collected, recycled, and reused during the preceding
191	191	calendar year; and
192	192	(2) documentation verifying the collection,
193	193	recycling, and reuse of that covered electronic [computer]
194	194	equipment in a manner that complies with Section 361.964 regarding
195	195	sound environmental management.
196	196	(i) If more than one person is a manufacturer of a certain
197	197	brand of covered electronic [computer] equipment as defined by
198	198	Section 361.952, any of those persons may assume responsibility for
199	199	and satisfy the obligations of a manufacturer under this subchapter
200	200	for that brand. If none of those persons assumes responsibility or
201	201	satisfies the obligations of a manufacturer for the covered
202	202	electronic [computer] equipment of that brand, the commission may
203	203	consider any of those persons to be the responsible manufacturer
204	204	for purposes of this subchapter.
205	205	(j) The obligations under this subchapter of a manufacturer
206	206	who manufactures or manufactured covered electronic [computer]
207	207	equipment, or sells or sold covered electronic [computer] equipment
208	208	manufactured by others, under a brand that was previously used by a
209	209	different person in the manufacture of the covered electronic
210	210	[computer] equipment extends to all covered electronic [computer]
211	211	equipment bearing that brand regardless of its date of manufacture.
212	212	SECTION 7. Sections 361.956(a) and (c), Health and Safety
213	213	Code, are amended to read as follows:
214	214	(a) A person who is a retailer of covered electronic
215	215	[computer] equipment may not sell or offer to sell new covered
216	216	electronic [computer] equipment in this state unless the equipment
217	217	is labeled with the manufacturer's label and the manufacturer is
218	218	included on the commission's list of manufacturers that have
219	219	recovery plans.
220	220	(c) A retailer is not required to collect covered electronic
221	221	[computer] equipment for recycling or reuse under this subchapter.
222	222	SECTION 8. Section 361.957(a), Health and Safety Code, is
223	223	amended to read as follows:
224	224	(a) A manufacturer or retailer of covered electronic
225	225	[computer] equipment is not liable in any way for information in any
226	226	form that a consumer leaves on covered electronic [computer]
227	227	equipment that is collected, recycled, or reused under this
228	228	subchapter.
229	229	SECTION 9. Section 361.958, Health and Safety Code, is
230	230	amended to read as follows:
231	231	Sec. 361.958. COMMISSION'S EDUCATION RESPONSIBILITIES.
232	232	(a) The commission shall educate consumers regarding the
233	233	collection, recycling, and reuse of covered electronic [computer]
234	234	equipment.
235	235	(b) The commission shall host or designate another person to
236	236	host an Internet site providing consumers with information about
237	237	the recycling and reuse of covered electronic [computer] equipment,
238	238	including best management practices and information about and links
239	239	to information on:
240	240	(1) manufacturers' collection, recycling, and reuse
241	241	programs, including manufacturers' recovery plans; and
242	242	(2) covered electronic [computer] equipment
243	243	collection events, collection sites, and community covered
244	244	electronic [computer] equipment recycling and reuse programs.
245	245	SECTION 10. Sections 361.959(b), (c), and (e), Health and
246	246	Safety Code, are amended to read as follows:
247	247	(b) The commission and the attorney general, as
248	248	appropriate, shall enforce this subchapter and, except as provided
249	249	by Subsections (d) and (e), take enforcement action against any
250	250	manufacturer, retailer, or person who recycles or reuses covered
251	251	electronic [computer] equipment for failure to comply with this
252	252	subchapter.
253	253	(c) The attorney general may file suit under Section 7.032,
254	254	Water Code, to enjoin an activity related to the sale of covered
255	255	electronic [computer] equipment in violation of this subchapter.
256	256	(e) A retailer who receives a warning notice from the
257	257	commission that the retailer's inventory violates this subchapter
258	258	because it includes covered electronic [computer] equipment from a
259	259	manufacturer that has not submitted the recovery plan required by
260	260	Section 361.955 must bring the inventory into compliance with this
261	261	subchapter not later than the 60th day after the date the warning
262	262	notice is issued.
263	263	SECTION 11. Section 361.962, Health and Safety Code, is
264	264	amended to read as follows:
265	265	Sec. 361.962. FEES NOT AUTHORIZED. This subchapter does
266	266	not authorize the commission to impose a fee, including a recycling
267	267	fee or registration fee, on a consumer, manufacturer, retailer, or
268	268	person who recycles or reuses covered electronic [computer]
269	269	equipment.
270	270	SECTION 12. Section 361.963, Health and Safety Code, is
271	271	amended to read as follows:
272	272	Sec. 361.963. CONSUMER RESPONSIBILITIES. (a) A consumer
273	273	is responsible for any information in any form left on the
274	274	consumer's covered electronic [computer] equipment that is
275	275	collected, recycled, or reused.
276	276	(b) A consumer is encouraged to learn about recommended
277	277	methods for recycling and reuse of covered electronic [computer]
278	278	equipment that has reached the end of its useful life by visiting
279	279	the commission's and manufacturers' Internet sites.
280	280	SECTION 13. Section 361.964, Health and Safety Code, is
281	281	amended to read as follows:
282	282	Sec. 361.964. SOUND ENVIRONMENTAL MANAGEMENT. (a) All
283	283	covered electronic [computer] equipment collected under this
284	284	subchapter must be recycled or reused in a manner that complies with
285	285	federal, state, and local law.
286	286	(b) The commission shall adopt as standards for recycling or
287	287	reuse of covered electronic [computer] equipment in this state the
288	288	standards provided by "Electronics Recycling Operating Practices"
289	289	as approved by the board of directors of the Institute of Scrap
290	290	Recycling Industries, Inc., April 25, 2006, or other standards from
291	291	a comparable nationally recognized organization.
292	292	SECTION 14. Sections 361.965(b), (c), and (d), Health and
293	293	Safety Code, are amended to read as follows:
294	294	(b) A person who submits a bid for a contract with a state
295	295	agency for the purchase or lease of covered electronic [computer]
296	296	equipment must be in compliance with this subchapter.
297	297	(c) A state agency that purchases or leases covered
298	298	electronic [computer] equipment shall require each prospective
299	299	bidder to certify the bidder's compliance with this subchapter.
300	300	Failure to provide that certification renders the prospective
301	301	bidder ineligible to participate in the bidding.
302	302	(d) In considering bids for a contract for covered
303	303	electronic [computer] equipment, in addition to any other
304	304	preferences provided under other laws of this state, the state
305	305	shall give special preference to a manufacturer that has a program
306	306	to recycle the covered electronic [computer] equipment of other
307	307	manufacturers, including collection events and manufacturer
308	308	initiatives to accept covered electronic [computer] equipment
309	309	labeled with another manufacturer's brand.
310	310	SECTION 15. Section 361.966(a), Health and Safety Code, is
311	311	amended to read as follows:
312	312	(a) If federal law establishes a national program for the
313	313	collection and recycling of covered electronic [computer]
314	314	equipment and the commission determines that the federal law
315	315	substantially meets the purposes of this subchapter, the commission
316	316	may adopt an agency statement that interprets the federal law as
317	317	preemptive of this subchapter.
318	318	SECTION 16. Section 7.052(b-1), Water Code, is amended to
319	319	read as follows:
320	320	(b-1) The amount of the penalty assessed against a
321	321	manufacturer that does not label its covered electronic [computer]
322	322	equipment or adopt and implement a recovery plan as required by
323	323	Section 361.955, Health and Safety Code, may not exceed $10,000 for
324	324	the second violation or $25,000 for each subsequent violation. A
325	325	penalty under this subsection is in addition to any other penalty
326	326	that may be assessed for a violation of Subchapter Y, Chapter 361,
327	327	Health and Safety Code.
328	328	SECTION 17. (a) In this section, "covered electronic
329	329	equipment" has the meaning assigned by Section 361.952, Health and
330	330	Safety Code, as amended by this Act. The term includes computer
331	331	peripheral devices such as a computer mouse or computer keyboard as
332	332	those terms are defined by Section 361.952, Health and Safety Code,
333	333	as amended by this Act. For purposes of this section only, "covered
334	334	electronic equipment" does not include a desktop or notebook
335	335	computer or computer monitor or other display device that does not
336	336	contain a tuner.
337	337	(b) The Texas Commission on Environmental Quality shall
338	338	adopt any rules required to implement the amendments made by this
339	339	Act to Subchapter Y, Chapter 361, Health and Safety Code, not later
340	340	than May 1, 2010.
341	341	(c) The Texas Commission on Environmental Quality may not
342	342	enforce the change in law made by this Act applicable to covered
343	343	electronic equipment under Subchapter Y, Chapter 361, Health and
344	344	Safety Code, before September 1, 2010.
345	345	(d) The reports required under Sections 361.955 and
346	346	361.961, Health and Safety Code, to the extent that they apply to
347	347	covered electronic equipment, are not required to be prepared or
348	348	submitted for the first time before the dates specified by those
349	349	sections in 2012.
350	350	(e) Notwithstanding the 60-day limit under Section
351	351	361.959(d) or (e), Health and Safety Code, a retailer may sell any
352	352	covered electronic equipment inventory accrued before the
353	353	effective date of this Act without incurring a penalty.
354	354	SECTION 18. This Act takes effect September 1, 2009.