81R10566 KJM-D
By: Naishtat H.B. No. 2826
A BILL TO BE ENTITLED
AN ACT
relating to the Texas Commission on Environmental Quality and
retailer responsibility regarding recycling of computer equipment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.956, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsections (a-1),
(d), and (e) to read as follows:
(a) A person who is a retailer of computer equipment may not
sell or offer to sell new computer equipment in this state unless:
(1) the equipment is labeled with the manufacturer's
label; and
(2) the manufacturer is included on the commission's
list of manufacturers that have recovery plans.
(a-1) A person who is a retailer of computer equipment is
considered in compliance with the requirements of Subsection (a)(2)
if, on the date the computer equipment is ordered from the
manufacturer or its agent, the manufacturer is included on the
commission's Internet site as a manufacturer with a recovery plan.
(d) The commission shall retain historical records that
contain the list of manufacturers with recovery plans retrievable
by date.
(e) A person who is a retailer of computer equipment shall
provide to consumers the information published by the commission
regarding the recycling and reuse of computer equipment, including
information regarding computer equipment collection events,
collection sites, and community computer equipment recycling and
reuse programs. The information must be provided in writing, in
clear English or any other language the commission determines is a
primary language in the retailer's area of business. The
information may be included with the sales receipt or as part of the
packaging of the equipment. Alternatively, the retailer may
provide the information required by this subsection through a
toll-free telephone number or address of an Internet site provided
to consumers.
SECTION 2. Section 361.958, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) The commission shall remove recovery plans of
manufacturers no longer in compliance with this subchapter from the
Internet site once each calendar quarter.
SECTION 3. A retailer of computer equipment is not required
to provide the information described by Section 361.956(e), Health
and Safety Code, as added by this Act, before January 1, 2010.
SECTION 4. 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, 2009.