| 1 | 1 | | 81R10460 KJM-F |
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| 2 | 2 | | By: Farrar H.B. No. 4084 |
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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 a prohibition on the disposal of certain used equipment |
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| 8 | 8 | | at a municipal solid waste facility; creating an offense. |
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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 361.954(a), Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) The collection, recycling, and reuse provisions of this |
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| 13 | 13 | | subchapter apply to computer equipment used and returned to the |
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| 14 | 14 | | manufacturer by a consumer in this state and, except as provided by |
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| 15 | 15 | | Section 361.967, do not impose any obligation on an owner or |
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| 16 | 16 | | operator of a solid waste facility. |
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| 17 | 17 | | SECTION 2. Section 361.966, Health and Safety Code, is |
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| 18 | 18 | | amended to read as follows: |
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| 19 | 19 | | Sec. 361.966. FEDERAL PREEMPTION; EXPIRATION. (a) If |
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| 20 | 20 | | federal law establishes a national program for the collection and |
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| 21 | 21 | | recycling of [computer] equipment to which this subchapter applies |
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| 22 | 22 | | and the commission determines that the federal law substantially |
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| 23 | 23 | | meets the purposes of Sections 361.952 through 361.965 [this |
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| 24 | 24 | | subchapter], the commission may adopt an agency statement that |
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| 25 | 25 | | interprets the federal law as preemptive of those sections [this |
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| 26 | 26 | | subchapter]. |
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| 27 | 27 | | (b) Sections 361.952 through 361.965 expire [This |
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| 28 | 28 | | subchapter expires] on the date the commission issues a statement |
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| 29 | 29 | | under this section. |
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| 30 | 30 | | SECTION 3. Subchapter Y, Chapter 361, Health and Safety |
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| 31 | 31 | | Code, is amended by adding Section 361.967 to read as follows: |
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| 32 | 32 | | Sec. 361.967. PROHIBITION ON LAND DISPOSAL OR INCINERATION. |
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| 33 | 33 | | (a) In this section, "used equipment" means equipment that is |
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| 34 | 34 | | eligible for collection under a manufacturer's recovery plan |
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| 35 | 35 | | adopted under Section 361.955. |
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| 36 | 36 | | (b) The commission by rule shall prohibit a person from |
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| 37 | 37 | | intentionally or knowingly disposing of used equipment in a |
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| 38 | 38 | | municipal solid waste landfill or incinerator. |
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| 39 | 39 | | (c) The commission by rule shall prohibit the owner or |
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| 40 | 40 | | operator of a municipal solid waste landfill or incinerator that is |
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| 41 | 41 | | permitted under this chapter on or after January 1, 2010, from |
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| 42 | 42 | | intentionally or knowingly accepting used equipment for disposal or |
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| 43 | 43 | | incineration. |
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| 44 | 44 | | (d) A penalty may be assessed under Section 7.052, Water |
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| 45 | 45 | | Code, for each item of used equipment disposed of or accepted for |
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| 46 | 46 | | disposal at a municipal solid waste landfill or incinerator in |
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| 47 | 47 | | violation of this section or a rule adopted under this section. |
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| 48 | 48 | | SECTION 4. The Texas Commission on Environmental Quality |
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| 49 | 49 | | shall adopt rules to implement this Act not later than December 31, |
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| 50 | 50 | | 2009. |
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| 51 | 51 | | SECTION 5. This Act takes effect immediately if it receives |
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| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 55 | | Act takes effect September 1, 2009. |
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