Texas 2009 - 81st Regular

Texas House Bill HB284 Compare Versions

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1	1	By: Anchia, Bohac, Walle, Howard of Travis, H.B. No. 284
2	2	Lucio III, et al.
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to reporting of international shipments of electronic
8	8	waste.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 361.954(a), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(a) Except as provided by Section 361.9553, the [The]
13	13	collection, recycling, and reuse provisions of this subchapter
14	14	apply to computer equipment used and returned to the manufacturer
15	15	by a consumer in this state and do not impose any obligation on an
16	16	owner or operator of a solid waste facility.
17	17	SECTION 2. Subchapter Y, Chapter 361, Health and Safety
18	18	Code, is amended by adding Section 361.9553 to read as follows:
19	19	Sec. 361.9553. REPORTS ON INTERNATIONAL SHIPMENTS OF USED
20	20	ELECTRONICS. (a) This section is intended to provide consumers of
21	21	electronic equipment in this state and other residents of this
22	22	state who may give to a business entity in this state electronic
23	23	parts or electronic equipment for recycling, reuse, or disposal a
24	24	means to inform themselves of the probable destination of the parts
25	25	or equipment.
26	26	(b) A business entity that operates in this state and ships
27	27	for recycling, reuse, or disposal any sort of electronic parts or
28	28	electronic equipment to which this subchapter is applicable from
29	29	this state to an ultimate destination that is located outside of the
30	30	United States but is not located in a country that is a member of the
31	31	European Union or of the Organization for Economic Cooperation and
32	32	Development shall provide a report to the commission annually. The
33	33	reporting requirement does not apply to electronic equipment that
34	34	is being shipped for reuse unless the equipment is not functional
35	35	and is packaged accordingly and does not apply to electronic
36	36	equipment that is being shipped for reuse by returning it to a
37	37	manufacturer or the manufacturer's agent. The commission shall
38	38	provide a means for the report to be filed electronically. The
39	39	report must include:
40	40	(1) the business entity's name, address, and telephone
41	41	number;
42	42	(2) the name of the chief executive officer or chief
43	43	financial officer of the business entity;
44	44	(3) the type and amount of each shipment of electronic
45	45	parts or electronic equipment transported;
46	46	(4) the date of each shipment's debarkation; and
47	47	(5) each shipment's destination country.
48	48	(c) The commission shall make the report's information
49	49	publicly available on the commission's website in a timely manner.
50	50	(d) The commission may adopt rules to implement this
51	51	section. The rules may provide for exemptions from compliance with
52	52	this section for shipments made for humanitarian reasons or for de
53	53	minimis shipments.
54	54	SECTION 3. (a) Section 361.9553, Health and Safety Code, as
55	55	added by this Act, applies only to a shipment made on or after the
56	56	effective date of this Act. A shipment made before that date is
57	57	subject to the law in effect on the date the shipment was made, and
58	58	that law is continued in effect for that purpose.
59	59	(b) The first report required by Section 361.9553, Health
60	60	and Safety Code, as added by this Act, must cover the period
61	61	September 1, 2009, to August 31, 2010. That report must be
62	62	submitted to the Texas Commission on Environmental Quality not
63	63	later than September 30, 2010.
64	64	SECTION 4. This Act takes effect September 1, 2009.