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Texas House Bill HB821

Texas 2009 - 81st Regular

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11 H.B. No. 821
22
33
44 AN ACT
55 relating to the sale, recovery, and recycling of certain television
66 equipment; providing administrative penalties.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Chapter 361, Health and Safety Code, is amended
99 by adding Subchapter Z to read as follows:
1010 SUBCHAPTER Z. TELEVISION EQUIPMENT RECYCLING PROGRAM
1111 Sec. 361.971. DEFINITIONS. In this subchapter:
1212 (1) "Brand" has the meaning assigned by Section
1313 361.952.
1414 (2) "Consumer" means an individual who uses covered
1515 television equipment that is purchased primarily for personal or
1616 home business use.
1717 (3) "Covered television equipment" means the
1818 following equipment marketed to and intended for consumers:
1919 (A) a direct view or projection television with a
2020 viewable screen of nine inches or larger whose display technology
2121 is based on cathode ray tube, plasma, liquid crystal, digital light
2222 processing, liquid crystal on silicon, silicon crystal reflective
2323 display, light-emitting diode, or similar technology; or
2424 (B) a display device that is peripheral to a
2525 computer that contains a television tuner.
2626 (4) "Market share allocation" means the quantity of
2727 covered television equipment, by weight, that an individual
2828 manufacturer is responsible for collecting, transporting, and
2929 recycling, as computed by the commission under Section 361.981(g).
3030 (5) "Recycling" means any process by which equipment
3131 that would otherwise become solid waste or hazardous waste is
3232 collected, separated, and refurbished for reuse or processed to be
3333 returned to use in the form of raw material or products. The term
3434 does not include incineration.
3535 (6) "Retailer" means a person who owns or operates a
3636 business that sells new covered television equipment by any means
3737 directly to a consumer.
3838 (7) "Television" means an electronic device that
3939 contains a tuner that locks onto a selected carrier frequency and is
4040 capable of receiving and displaying video programming from a
4141 broadcast, cable, or satellite source.
4242 (8) "Television manufacturer" means a person that:
4343 (A) manufactures covered television equipment
4444 under a brand the person owns or is licensed to use;
4545 (B) manufactures covered television equipment
4646 without affixing a brand;
4747 (C) resells covered television equipment
4848 produced by other suppliers under a brand the person owns or is
4949 licensed to use;
5050 (D) imports covered television equipment into
5151 the United States for sale, except that if a company from which an
5252 importer purchases the equipment has a presence or assets in the
5353 United States, that company is considered to be the manufacturer of
5454 the television equipment;
5555 (E) manufactures covered television equipment,
5656 supplies it to any person within a distribution network that
5757 includes a wholesaler or retailer, and benefits from the sale of the
5858 covered television equipment through that distribution network; or
5959 (F) assumes the responsibilities of a television
6060 manufacturer under this subchapter.
6161 Sec. 361.972. LEGISLATIVE FINDINGS AND PURPOSE. The
6262 purpose of this subchapter is to establish a comprehensive,
6363 convenient, and environmentally sound program for the collection
6464 and recycling of television equipment. The program is based on
6565 individual manufacturer responsibility and shared responsibility
6666 among consumers, retailers, and the government of this state.
6767 Sec. 361.973. APPLICABILITY. (a) Except as provided by
6868 this section and Section 361.988, this subchapter applies only to
6969 covered television equipment that is:
7070 (1) offered for sale or sold to a consumer in this
7171 state; or
7272 (2) used by a consumer in this state and returned for
7373 recycling.
7474 (b) This subchapter does not apply to:
7575 (1) computer equipment as that term is defined by
7676 Section 361.952;
7777 (2) any part of a motor vehicle, including a
7878 replacement part;
7979 (3) a device that is functionally or physically part
8080 of or connected to another system or piece of equipment:
8181 (A) designed and intended for use in an
8282 industrial, governmental, commercial, research and development, or
8383 medical setting, including diagnostic monitoring or control
8484 equipment; or
8585 (B) used for security, sensing, monitoring,
8686 antiterrorism, or emergency services purposes;
8787 (4) a device that is contained in exercise equipment
8888 intended for home use or an appliance intended for home use
8989 including a clothes washer, clothes dryer, refrigerator,
9090 refrigerator and freezer, microwave oven, conventional oven or
9191 range, dishwasher, room air conditioner, dehumidifier, and air
9292 purifier;
9393 (5) a telephone of any type;
9494 (6) a personal digital assistant;
9595 (7) a global positioning system;
9696 (8) a consumer's lease of covered television equipment
9797 or a consumer's use of covered television equipment under a lease
9898 agreement; or
9999 (9) the sale or lease of covered television equipment
100100 to an entity when the television manufacturer and the entity enter
101101 into a contract that effectively addresses the recycling of
102102 equipment that has reached the end of its useful life.
103103 Sec. 361.974. SALES PROHIBITION. A person may not offer for
104104 sale in this state new covered television equipment unless the
105105 equipment has been labeled in compliance with Section 361.975.
106106 Sec. 361.975. MANUFACTURER'S LABELING REQUIREMENT. A
107107 television manufacturer may sell or offer for sale in this state
108108 only covered television equipment that is labeled with the
109109 television manufacturer's brand. The label must be permanently
110110 affixed and readily visible.
111111 Sec. 361.976. MANUFACTURERS' REGISTRATION AND REPORTING.
112112 (a) A manufacturer of covered television equipment shall register
113113 with the commission and pay a registration fee of $2,500. A
114114 registered television manufacturer shall renew the registration
115115 and pay the fee on or before January 31 of each year. The
116116 registration or registration renewal must include:
117117 (1) a list of all brands the television manufacturer
118118 uses in this state on covered television equipment regardless of
119119 whether the television manufacturer owns or is licensed to use the
120120 brand; and
121121 (2) contact information for the person the commission
122122 may contact regarding the television manufacturer's activities to
123123 comply with this subchapter.
124124 (b) Not later than January 31 of each year, each registered
125125 television manufacturer of covered television equipment shall
126126 report to the commission:
127127 (1) the total weight of covered television equipment
128128 for which the television manufacturer is responsible that was sold
129129 in this state during the preceding calendar year or, if the
130130 manufacturer does not track the weight of covered television
131131 equipment it sells by state, the television manufacturer may report
132132 the total amount of covered television equipment the television
133133 manufacturer sold nationally in the preceding calendar year; and
134134 (2) the total weight of covered television equipment
135135 the manufacturer collected and recycled in this state during the
136136 preceding calendar year.
137137 Sec. 361.977. MANUFACTURER'S RECOVERY PLAN AND RELATED
138138 RESPONSIBILITIES. (a) Each television manufacturer of covered
139139 television equipment sold in this state shall, individually or as a
140140 member of a group of television manufacturers, submit to the
141141 commission a recovery plan to collect, transport, and recycle
142142 covered television equipment.
143143 (b) An individual television manufacturer that submits a
144144 recovery plan under Subsection (a) shall collect, transport, and
145145 recycle covered television equipment. Beginning with the
146146 television manufacturer's second year of registration, the
147147 individual television manufacturer shall collect, transport, and
148148 recycle the quantity of covered television equipment computed by
149149 the commission as the manufacturer's market share allocation.
150150 (c) A group of television manufacturers that submits a
151151 recovery plan under Subsection (a) shall collect, transport, and
152152 recycle covered television equipment. Beginning the second year of
153153 registration for a group of television manufacturers, the group of
154154 television manufacturers shall collect, transport, and recycle a
155155 quantity of covered television equipment equal to the sum of the
156156 combined market share allocations of the group's participants.
157157 (d) A recovery plan under Subsection (a) must include at a
158158 minimum:
159159 (1) a statement of whether the television manufacturer
160160 intends to collect and recycle its market share allocation through
161161 operation of its program, individually or in partnership with other
162162 television manufacturers;
163163 (2) beginning with the television manufacturer's
164164 second year of registration, the total weight of covered television
165165 equipment collected, transported, and recycled by or on behalf of
166166 the television manufacturer during the preceding year; and
167167 (3) collection methods that allow a consumer to
168168 recycle television equipment without paying a separate fee at the
169169 time of recycling.
170170 (e) The commission shall review the recovery plan for
171171 satisfaction of the requirements of this subchapter. If the
172172 registration and recovery plan are complete, the commission shall
173173 include the television manufacturer on the commission's Internet
174174 website listing as provided by Section 361.981(a). The commission
175175 may reject the recovery plan if it does not meet all requirements of
176176 this subchapter.
177177 Sec. 361.978. RETAILER RESPONSIBILITY. (a) A retailer may
178178 order and sell only products from a television manufacturer that is
179179 included on the list published under Section 361.981(a) that
180180 identifies manufacturers whose recovery plans have been approved by
181181 the commission. A retailer shall consult that list before ordering
182182 covered television equipment in this state. A retailer is
183183 considered to have complied with this subsection and may sell a
184184 product in the retailer's inventory if, on the date the product was
185185 ordered from the manufacturer, the manufacturer was listed on the
186186 Internet website described by Section 361.981(a) as having an
187187 approved recovery plan.
188188 (b) A person who is a retailer of covered television
189189 equipment shall provide to consumers in writing the information
190190 published by the commission regarding the legal disposition and
191191 recycling of television equipment. The information may be included
192192 with the sales receipt or as part of the packaging of the equipment.
193193 Alternatively, the retailer may provide the information required by
194194 this subsection through a toll-free telephone number and address of
195195 an Internet website provided to consumers.
196196 (c) This chapter does not require a retailer to collect
197197 covered television equipment for recycling.
198198 Sec. 361.979. RECYCLER RESPONSIBILITIES. (a) A person who
199199 is engaged in the business of recycling covered television
200200 equipment in this state shall:
201201 (1) register with the commission and certify that the
202202 person is in compliance with the standards adopted under Section
203203 361.987;
204204 (2) on or before January 31 of each year renew the
205205 registration with the commission and certify the person's continued
206206 compliance with the standards adopted under Section 361.987;
207207 (3) recycle all covered television equipment accepted
208208 for recycling in accordance with the standards adopted under
209209 Section 361.987;
210210 (4) maintain a written log recording the weight of all
211211 covered television equipment received by the person and the
212212 disposition of that equipment;
213213 (5) obtain and retain documentation in accordance with
214214 commission rules that covered television equipment received for
215215 recycling was last used by a consumer in this state; and
216216 (6) annually report to the commission the total weight
217217 of covered television equipment received and recycled by the person
218218 in the preceding 12 months.
219219 (b) The commission may impose a fee for registration under
220220 this section in an amount necessary to recover the costs of
221221 registrations under this section.
222222 Sec. 361.980. LIABILITY. (a) A television manufacturer,
223223 retailer, or person who recycles covered television equipment is
224224 not liable in any way for information in any form that a consumer
225225 leaves on covered television equipment that is collected or
226226 recycled under this subchapter.
227227 (b) This subchapter does not exempt a person from liability
228228 under other law.
229229 Sec. 361.981. COMMISSION RESPONSIBILITIES. (a) The
230230 commission shall publish on a publicly accessible Internet website:
231231 (1) a list of television manufacturers who have
232232 registered with the commission; and
233233 (2) a list of television manufacturers who are in full
234234 compliance with this subchapter.
235235 (b) The commission shall remove manufacturers no longer in
236236 compliance with this subchapter from the Internet website once each
237237 calendar quarter.
238238 (c) The commission shall educate consumers regarding the
239239 collection and recycling of covered television equipment.
240240 (d) The commission shall host or designate another person to
241241 host an Internet website and shall provide a toll-free telephone
242242 number to provide consumers with information about the recycling of
243243 covered television equipment, including best management practices
244244 and information about or links to information about:
245245 (1) television manufacturers' collection and
246246 recycling programs, including television manufacturers' recovery
247247 plans; and
248248 (2) covered television equipment collection events,
249249 collection sites, and community television equipment recycling
250250 programs.
251251 (e) Information about collection and recycling provided on
252252 a television manufacturer's publicly available Internet website
253253 and through a toll-free telephone number does not constitute a
254254 determination by the commission that the manufacturer's recovery
255255 plan or actual practices are in compliance with this subchapter or
256256 other law.
257257 (f) Not later than February 15 of each year, the commission
258258 shall establish the state recycling rate by computing the ratio of
259259 the weight of total returns of covered television equipment in this
260260 state to the total weight of covered television equipment sold in
261261 this state during the preceding year.
262262 (g) Not later than March 1 of each year, the commission
263263 shall compute and provide to each registered television
264264 manufacturer the manufacturer's market share allocation for
265265 collection, recycling, and transportation for that year. A
266266 television manufacturer's market share allocation equals the
267267 weight of the television manufacturer's covered television
268268 equipment sold in this state during the preceding calendar year
269269 multiplied by the state recycling rate determined under Subsection
270270 (f).
271271 (h) The commission shall provide to each county and
272272 municipality of this state information regarding the legal disposal
273273 and recycling of covered television equipment. The information
274274 must be provided in writing.
275275 Sec. 361.982. ENFORCEMENT. (a) The commission may conduct
276276 audits and inspections to ensure compliance with this subchapter
277277 and rules adopted under this subchapter.
278278 (b) The commission and the attorney general, as
279279 appropriate, shall enforce this subchapter and, except as provided
280280 by Subsections (d) and (e), take enforcement action against a
281281 television manufacturer, a retailer, or a person who recycles
282282 covered television equipment.
283283 (c) The executive director or the attorney general may
284284 institute a suit under Section 7.032, Water Code, to enjoin an
285285 activity related to the sale of covered television equipment in
286286 violation of this subchapter.
287287 (d) The commission shall issue a warning notice to a person
288288 on the person's first violation of this subchapter. The person must
289289 comply with this subchapter not later than the 60th day after the
290290 date the warning notice is issued.
291291 (e) A retailer who receives a warning notice from the
292292 commission that the retailer's inventory violates this subchapter
293293 because it includes covered television equipment from a television
294294 manufacturer that is not in compliance with this subchapter must
295295 bring the inventory into compliance with this subchapter not later
296296 than the 60th day after the date the warning notice is issued.
297297 Sec. 361.983. FINANCIAL AND PROPRIETARY INFORMATION.
298298 Financial or proprietary information submitted to the commission
299299 under this subchapter is exempt from public disclosure under
300300 Chapter 552, Government Code.
301301 Sec. 361.984. ANNUAL REPORT TO LEGISLATURE. (a) The
302302 commission shall compile information from manufacturers and issue
303303 an electronic report to the committee in each house of the
304304 legislature having primary jurisdiction over environmental matters
305305 not later than March 1 of each year.
306306 (b) The report must include:
307307 (1) collection information provided to the commission
308308 by each manufacturer's annual report required by Section
309309 361.976(b);
310310 (2) a summary of comments that have been received from
311311 stakeholders such as television manufacturers, electronic
312312 equipment recyclers, local governments, and nonprofit
313313 organizations;
314314 (3) a comparison of the amount of television equipment
315315 collected in other states that have television equipment recycling
316316 programs to the amount of television equipment collected in this
317317 state; and
318318 (4) any other information that would assist the
319319 legislature in evaluating the effectiveness of this subchapter.
320320 Sec. 361.985. FEES. (a) Except as provided by Sections
321321 361.976(a) and 361.979, this subchapter does not authorize the
322322 commission to impose a fee, including a recycling fee, on a
323323 consumer, television manufacturer, retailer, or person who
324324 recycles covered television equipment.
325325 (b) Fees or costs collected under this subchapter may be
326326 used by the commission only to implement this subchapter.
327327 Sec. 361.986. CONSUMER RESPONSIBILITIES. (a) A consumer
328328 is responsible for any information in any form left on the
329329 consumer's covered television equipment that is collected or
330330 recycled.
331331 (b) A consumer is encouraged to learn about recommended
332332 methods for recycling of covered television equipment that has
333333 reached the end of its useful life by visiting the commission's and
334334 television manufacturers' Internet websites or calling their
335335 toll-free telephone numbers.
336336 Sec. 361.987. MANAGEMENT OF COLLECTED TELEVISION
337337 EQUIPMENT. (a) Covered television equipment collected under this
338338 subchapter must be disposed of or recycled in a manner that complies
339339 with federal, state, and local law.
340340 (b) The commission shall adopt as standards for recycling of
341341 covered television equipment in this state the standards provided
342342 by "Electronics Recycling Operating Practices" as approved by the
343343 board of directors of the Institute of Scrap Recycling Industries,
344344 Inc., April 25, 2006, or other standards from a comparable
345345 nationally recognized organization.
346346 Sec. 361.988. STATE PROCUREMENT REQUIREMENTS. (a) In this
347347 section, "state agency" has the meaning assigned by Section
348348 2052.101, Government Code.
349349 (b) A person who submits a bid for a contract with a state
350350 agency for the purchase or lease of covered television equipment
351351 must be in compliance with this subchapter.
352352 (c) A state agency that purchases or leases covered
353353 television equipment shall require a prospective bidder to certify
354354 the bidder's compliance with this subchapter before the agency may
355355 accept the prospective bidder's bid.
356356 (d) In considering bids for a contract for covered
357357 television equipment, in addition to any other preferences provided
358358 under other laws of this state, the state shall give special
359359 preference to a manufacturer that:
360360 (1) through its recovery plan collects more than its
361361 market share allocation; or
362362 (2) provides collection sites or recycling events in
363363 any county located in a council of governments region in which there
364364 are fewer than six permanent collection sites open at least twice
365365 each month.
366366 (e) The comptroller shall adopt rules to implement this
367367 section.
368368 Sec. 361.989. FEDERAL PREEMPTION; EXPIRATION. (a) If
369369 federal law establishes a national program for the collection and
370370 recycling of covered television equipment and the commission
371371 determines that the federal law substantially meets the purposes of
372372 this subchapter, the commission may adopt an agency statement that
373373 interprets the federal law as preemptive of this subchapter.
374374 (b) This subchapter expires on the date the commission
375375 issues a statement under this section.
376376 SECTION 2. Sections 7.052(b-1) and (b-2), Water Code, are
377377 amended to read as follows:
378378 (b-1) The amount of the penalty assessed against a
379379 manufacturer that does not label its computer equipment or covered
380380 television equipment or adopt and implement a recovery plan as
381381 required by Section 361.955 or 361.977, Health and Safety Code, as
382382 applicable, may not exceed $10,000 for the second violation or
383383 $25,000 for each subsequent violation. A penalty under this
384384 subsection is in addition to any other penalty that may be assessed
385385 for a violation of Subchapter Y or Z, Chapter 361, Health and Safety
386386 Code.
387387 (b-2) Except as provided by Subsection (b-1), the amount of
388388 the penalty for a violation of Subchapter Y or Z, Chapter 361,
389389 Health and Safety Code, may not exceed $1,000 for the second
390390 violation or $2,000 for each subsequent violation. A penalty under
391391 this subsection is in addition to any other penalty that may be
392392 assessed for a violation of Subchapter Y or Z, Chapter 361, Health
393393 and Safety Code.
394394 SECTION 3. (a) The Texas Commission on Environmental
395395 Quality shall adopt any rules required to implement this Act not
396396 later than May 1, 2010.
397397 (b) This Act may not be enforced before September 1, 2010.
398398 (c) A report required under Section 361.976, Health and
399399 Safety Code, as added by this Act, is not required to be prepared or
400400 submitted for the first time before the date specified by that
401401 section in 2012.
402402 (d) Notwithstanding Section 361.982, Health and Safety
403403 Code, as added by this Act, a retailer of television equipment may
404404 sell television equipment inventory that the retailer acquired
405405 before the effective date of this Act without incurring a penalty.
406406 (e) A retailer of covered television equipment is not
407407 required to provide the information described by Section
408408 361.978(b), Health and Safety Code, as added by this Act, before the
409409 date on which the Texas Commission on Environmental Quality rules
410410 implementing this Act take effect.
411411 SECTION 4. This Act takes effect September 1, 2009.
412412 ______________________________ ______________________________
413413 President of the Senate Speaker of the House
414414 I certify that H.B. No. 821 was passed by the House on May 14,
415415 2009, by the following vote: Yeas 135, Nays 11, 1 present, not
416416 voting.
417417 ______________________________
418418 Chief Clerk of the House
419419 I certify that H.B. No. 821 was passed by the Senate on May
420420 27, 2009, by the following vote: Yeas 31, Nays 0.
421421 ______________________________
422422 Secretary of the Senate
423423 APPROVED: _____________________
424424 Date
425425 _____________________
426426 Governor