| 1 | 1 | | 81R23027 KJM-D |
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| 2 | 2 | | By: Naishtat H.B. No. 2826 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the Texas Commission on Environmental Quality and |
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| 8 | 8 | | retailer responsibility regarding recycling of computer equipment. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 361.956, Health and Safety Code, is |
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| 11 | 11 | | amended by amending Subsection (a) and adding Subsections (a-1), |
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| 12 | 12 | | (d), and (e) to read as follows: |
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| 13 | 13 | | (a) A person who is a retailer of computer equipment may not |
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| 14 | 14 | | sell or offer to sell new computer equipment in this state unless: |
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| 15 | 15 | | (1) the equipment is labeled with the manufacturer's |
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| 16 | 16 | | label; and |
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| 17 | 17 | | (2) the manufacturer is included on the commission's |
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| 18 | 18 | | list of manufacturers that have recovery plans. |
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| 19 | 19 | | (a-1) A person who is a retailer of computer equipment is |
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| 20 | 20 | | considered in compliance with the requirements of Subsection (a)(2) |
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| 21 | 21 | | if, on the date the computer equipment is ordered from the |
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| 22 | 22 | | manufacturer or its agent, the manufacturer is included on the |
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| 23 | 23 | | commission's Internet site as a manufacturer with a recovery plan. |
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| 24 | 24 | | (d) The commission shall retain historical records that |
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| 25 | 25 | | contain the list of manufacturers with recovery plans retrievable |
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| 26 | 26 | | by date. |
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| 27 | 27 | | (e) A person who is a retailer of computer equipment shall |
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| 28 | 28 | | provide to consumers the information published by the commission |
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| 29 | 29 | | regarding the legal disposition and recycling and reuse of computer |
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| 30 | 30 | | equipment, including information regarding computer equipment |
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| 31 | 31 | | collection events, collection sites, and community computer |
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| 32 | 32 | | equipment recycling and reuse programs. The information must be |
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| 33 | 33 | | provided in writing. The information may be included with the sales |
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| 34 | 34 | | receipt or as part of the packaging of the equipment. |
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| 35 | 35 | | Alternatively, the retailer may provide the information required by |
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| 36 | 36 | | this subsection through a toll-free telephone number or address of |
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| 37 | 37 | | an Internet site provided to consumers. |
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| 38 | 38 | | SECTION 2. Section 361.958, Health and Safety Code, is |
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| 39 | 39 | | amended by adding Subsection (c) to read as follows: |
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| 40 | 40 | | (c) The commission shall remove manufacturers no longer in |
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| 41 | 41 | | compliance with this subchapter from the Internet site once each |
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| 42 | 42 | | fiscal quarter. |
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| 43 | 43 | | SECTION 3. A retailer of computer equipment is not required |
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| 44 | 44 | | to provide the information described by Section 361.956(e), Health |
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| 45 | 45 | | and Safety Code, as added by this Act, before January 1, 2010. |
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| 46 | 46 | | SECTION 4. This Act takes effect immediately if it receives |
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| 47 | 47 | | a vote of two-thirds of all the members elected to each house, as |
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| 48 | 48 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 49 | 49 | | Act does not receive the vote necessary for immediate effect, this |
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| 50 | 50 | | Act takes effect September 1, 2009. |
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