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Texas Senate Bill SB2326

Texas 2009 - 81st Regular

Texas Senate Bill SB2326 Compare Versions

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11 81R1491 KJM-F
22 By: Hegar S.B. No. 2326
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the sale, recovery, and recycling of certain television
88 equipment; providing administrative penalties.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Chapter 361, Health and Safety Code, is amended
1111 by adding Subchapter Z to read as follows:
1212 SUBCHAPTER Z. TELEVISION EQUIPMENT RECYCLING PROGRAM
1313 Sec. 361.971. DEFINITIONS. In this subchapter:
1414 (1) "Brand" has the meaning assigned by Section
1515 361.952.
1616 (2) "Consumer" means an individual who uses covered
1717 television equipment that is purchased primarily for personal or
1818 home business use.
1919 (3) "Covered television equipment" means a direct view
2020 or projection television with a viewable screen of nine inches or
2121 larger whose display technology is based on cathode ray tube,
2222 plasma, liquid crystal, digital light processing, liquid crystal on
2323 silicon, silicon crystal reflective display, light emitting diode,
2424 or similar technology marketed and intended for consumers.
2525 (4) "Market share allocation" means the quantity of
2626 covered television equipment, by weight, that an individual
2727 manufacturer is responsible for collecting, transporting, and
2828 recycling, as computed by the commission under Section 361.980(f).
2929 (5) "Recycling" means any process by which equipment
3030 that would otherwise become solid waste or hazardous waste is
3131 collected, separated, and refurbished for reuse or processed to be
3232 returned to use in the form of raw material or products. The term
3333 does not include incineration.
3434 (6) "Retailer" means a person who owns or operates a
3535 business that sells new covered television equipment by any means
3636 directly to a consumer.
3737 (7) "Television" means an electronic device that
3838 contains a tuner that locks onto a selected carrier frequency and is
3939 capable of receiving and displaying video programming from a
4040 broadcast, cable, or satellite source.
4141 (8) "Television manufacturer" means a person that:
4242 (A) manufactures covered television equipment
4343 under a brand the person owns or is licensed to use;
4444 (B) manufactures covered television equipment
4545 without affixing a brand;
4646 (C) resells covered television equipment
4747 produced by other suppliers under a brand the person owns or is
4848 licensed to use;
4949 (D) imports covered television equipment into
5050 the United States for sale, except that if a company from which an
5151 importer purchases the equipment has a presence or assets in the
5252 United States, that company is considered to be the manufacturer of
5353 the television equipment;
5454 (E) manufactures covered television equipment,
5555 supplies it to any person within a distribution network that
5656 includes a wholesaler or retailer, and benefits from the sale of the
5757 covered television equipment through that distribution network; or
5858 (F) assumes the responsibilities of a television
5959 manufacturer under this subchapter.
6060 Sec. 361.972. APPLICABILITY. (a) Except as provided by
6161 this section and Section 361.986, this subchapter applies only to
6262 covered television equipment that is:
6363 (1) offered for sale or sold to a consumer in this
6464 state; or
6565 (2) used by a consumer in this state and returned for
6666 recycling.
6767 (b) This subchapter does not impose an obligation on an
6868 owner or operator of a solid waste facility.
6969 (c) This subchapter does not apply to:
7070 (1) computer equipment as that term is defined by
7171 Section 361.952;
7272 (2) any part of a motor vehicle, including a
7373 replacement part;
7474 (3) a device that is functionally or physically part
7575 of or connected to another system or piece of equipment:
7676 (A) designed and intended for use in an
7777 industrial, governmental, commercial, research and development, or
7878 medical setting, including diagnostic monitoring or control
7979 equipment; or
8080 (B) used for security, sensing, monitoring,
8181 antiterrorism, or emergency services purposes;
8282 (4) a device that is contained in exercise equipment
8383 intended for home use or an appliance intended for home use
8484 including a clothes washer, clothes dryer, refrigerator,
8585 refrigerator and freezer, microwave oven, conventional oven or
8686 range, dishwasher, room air conditioner, dehumidifier, and air
8787 purifier;
8888 (5) a telephone of any type;
8989 (6) a personal digital assistant;
9090 (7) a global positioning system;
9191 (8) a consumer's lease of covered television equipment
9292 or a consumer's use of covered television equipment under a lease
9393 agreement; or
9494 (9) the sale or lease of covered television equipment
9595 to an entity when the television manufacturer and the entity enter
9696 into a contract that effectively addresses the recycling of
9797 equipment that has reached the end of its useful life.
9898 Sec. 361.973. SALES PROHIBITION. A person may not offer for
9999 sale in this state new covered television equipment unless the
100100 equipment has been labeled in compliance with Section 361.974.
101101 Sec. 361.974. MANUFACTURER'S LABELING REQUIREMENT. A
102102 television manufacturer may sell or offer for sale in this state
103103 only covered television equipment that is labeled with the
104104 television manufacturer's brand. The label must be permanently
105105 affixed and readily visible.
106106 Sec. 361.975. MANUFACTURERS' REGISTRATION AND REPORTING.
107107 (a) A manufacturer of covered television equipment shall register
108108 with the commission and pay a registration fee of $2,500. A
109109 registered television manufacturer shall renew the registration
110110 and pay the fee on or before January 31 of each year. The
111111 registration or registration renewal must include:
112112 (1) a list of all brands the television manufacturer
113113 uses in this state on covered television equipment regardless of
114114 whether the television manufacturer owns or is licensed to use the
115115 brand; and
116116 (2) contact information for the person the commission
117117 may contact regarding the television manufacturer's activities to
118118 comply with this subchapter.
119119 (b) Not later than January 31 of each year, each registered
120120 television manufacturer of covered television equipment shall
121121 report to the commission:
122122 (1) the total weight of covered television equipment
123123 for which the television manufacturer is responsible that was sold
124124 in this state during the preceding calendar year or, if the
125125 manufacturer does not track the weight of covered television
126126 equipment it sells by state, the television manufacturer may report
127127 the total amount of covered television equipment the television
128128 manufacturer sold nationally in the preceding calendar year; and
129129 (2) the total weight of covered television equipment
130130 the manufacturer collected and recycled in this state during the
131131 preceding calendar year.
132132 Sec. 361.976. MANUFACTURER'S RECOVERY PLAN AND RELATED
133133 RESPONSIBILITIES. (a) Each television manufacturer of covered
134134 television equipment sold in this state shall, individually or as a
135135 member of a group of television manufacturers, submit to the
136136 commission a recovery plan to collect, transport, and recycle
137137 covered television equipment.
138138 (b) An individual television manufacturer that submits a
139139 recovery plan under Subsection (a) shall collect, transport, and
140140 recycle covered television equipment. Beginning with the
141141 television manufacturer's second year of registration, the
142142 individual television manufacturer shall collect, transport, and
143143 recycle the quantity of covered television equipment computed by
144144 the commission as the manufacturer's market share allocation.
145145 (c) A group of television manufacturers that submits a
146146 recovery plan under Subsection (a) shall collect, transport, and
147147 recycle covered television equipment. Beginning the second year of
148148 registration for a group of television manufacturers, the group of
149149 television manufacturers shall collect, transport, and recycle a
150150 quantity of covered television equipment equal to the sum of the
151151 combined market share allocations of the group's participants.
152152 (d) A recovery plan under Subsection (a) must include at a
153153 minimum:
154154 (1) a statement of whether the television manufacturer
155155 intends to collect and recycle its market share allocation through
156156 operation of its program, individually or in partnership with other
157157 television manufacturers; and
158158 (2) beginning with the television manufacturer's
159159 second year of registration, the total weight of covered television
160160 equipment collected, transported, and recycled by or on behalf of
161161 the television manufacturer during the preceding year.
162162 (e) The commission shall review the recovery plan for
163163 satisfaction of the requirements of this subchapter. If the
164164 registration and recovery plan are complete, the commission shall
165165 include the television manufacturer on the commission's Internet
166166 website listing as provided by Section 361.980(a). The commission
167167 may reject the recovery plan if it does not meet all requirements of
168168 this subchapter.
169169 Sec. 361.977. RETAILER RESPONSIBILITY. (a) A retailer may
170170 sell only products from a television manufacturer that is included
171171 on the list published under Section 361.980(a) that identifies
172172 manufacturers whose recovery plans have been approved by the
173173 commission. A retailer shall consult that list before selling
174174 covered television equipment in this state. A retailer is
175175 considered to have complied with this subsection if, on the date the
176176 product was ordered from the manufacturer, the manufacturer was
177177 listed on the Internet website described by Section 361.980(a) as
178178 having an approved recovery plan.
179179 (b) This chapter does not require a retailer to collect
180180 covered television equipment for recycling or reuse.
181181 Sec. 361.978. RECYCLER RESPONSIBILITIES. (a) A person who
182182 is engaged in the business of recycling covered television
183183 equipment in this state shall:
184184 (1) register with the commission and certify that the
185185 person is in compliance with the standards adopted under Section
186186 361.985;
187187 (2) on or before January 31 of each year renew the
188188 registration with the commission and certify the person's continued
189189 compliance with the standards adopted under Section 361.985;
190190 (3) recycle all covered television equipment accepted
191191 for recycling in accordance with the standards adopted under
192192 Section 361.985;
193193 (4) maintain a written log recording the weight of all
194194 covered television equipment received by the person and the
195195 disposition of that equipment;
196196 (5) obtain and retain documentation in accordance with
197197 commission rules that covered television equipment received for
198198 recycling was last used by a consumer in this state; and
199199 (6) annually report to the commission the total weight
200200 of covered television equipment received and recycled by the person
201201 in the preceding 12 months.
202202 (b) The commission may impose a fee for registration under
203203 this section in an amount necessary to recover the costs of
204204 registrations under this section.
205205 Sec. 361.979. LIABILITY. (a) A television manufacturer,
206206 retailer, or person who recycles covered television equipment is
207207 not liable in any way for information in any form that a consumer
208208 leaves on covered television equipment that is collected, recycled,
209209 or reused under this subchapter.
210210 (b) This subchapter does not exempt a person from liability
211211 under other law.
212212 Sec. 361.980. COMMISSION RESPONSIBILITIES. (a) The
213213 commission shall publish on a publicly accessible Internet website:
214214 (1) a list of television manufacturers who have
215215 registered with the commission; and
216216 (2) a list of television manufacturers who are in full
217217 compliance with this subchapter.
218218 (b) The commission shall educate consumers regarding the
219219 collection, recycling, and reuse of covered television equipment.
220220 (c) The commission shall host or designate another person to
221221 host an Internet website providing consumers with information about
222222 the recycling and reuse of covered television equipment, including
223223 best management practices and information about or links to
224224 information about:
225225 (1) television manufacturers' collection, recycling,
226226 and reuse programs, including television manufacturers' recovery
227227 plans; and
228228 (2) covered television equipment collection events,
229229 collection sites, and community television equipment recycling and
230230 reuse programs.
231231 (d) Information about collection, recycling, and reuse on a
232232 television manufacturer's publicly available Internet website does
233233 not constitute a determination by the commission that the
234234 manufacturer's recovery plan or actual practices are in compliance
235235 with this subchapter or other law.
236236 (e) Not later than February 15 of each year, the commission
237237 shall establish the state recycling rate by computing the ratio of
238238 the weight of total returns of covered television equipment in this
239239 state to the total weight of covered television equipment sold in
240240 this state during the preceding year.
241241 (f) Not later than March 1 of each year, the commission
242242 shall compute and provide to each registered television
243243 manufacturer the manufacturer's market share allocation for
244244 collection, recycling, and transportation for that year. A
245245 television manufacturer's market share allocation equals the
246246 weight of the television manufacturer's covered television
247247 equipment sold in this state during the preceding calendar year
248248 multiplied by the state recycling rate determined under Subsection
249249 (e).
250250 Sec. 361.981. ENFORCEMENT. (a) The commission may conduct
251251 audits and inspections to ensure compliance with this subchapter
252252 and rules adopted under this subchapter.
253253 (b) The commission and the attorney general, as
254254 appropriate, shall enforce this subchapter and, except as provided
255255 by Subsections (d) and (e), take enforcement action against a
256256 television manufacturer, a retailer, or a person who recycles or
257257 reuses covered television equipment.
258258 (c) The executive director or the attorney general may
259259 institute a suit under Section 7.032, Water Code, to enjoin an
260260 activity related to the sale of covered television equipment in
261261 violation of this subchapter.
262262 (d) The commission shall issue a warning notice to a person
263263 on the person's first violation of this subchapter. The person must
264264 comply with this subchapter not later than the 60th day after the
265265 date the warning notice is issued.
266266 (e) A retailer who receives a warning notice from the
267267 commission that the retailer's inventory violates this subchapter
268268 because it includes covered television equipment from a television
269269 manufacturer that is not in compliance with this subchapter must
270270 bring the inventory into compliance with this subchapter not later
271271 than the 60th day after the date the warning notice is issued.
272272 Sec. 361.982. FINANCIAL AND PROPRIETARY INFORMATION.
273273 Financial or proprietary information submitted to the commission
274274 under this subchapter is exempt from public disclosure under
275275 Chapter 552, Government Code.
276276 Sec. 361.983. FEES. (a) Except as provided by Sections
277277 361.975(a) and 361.978, this subchapter does not authorize the
278278 commission to impose a fee, including a recycling fee, on a
279279 consumer, television manufacturer, retailer, or person who
280280 recycles or reuses covered television equipment.
281281 (b) Fees or costs collected under this subchapter may be
282282 used by the commission only to implement this subchapter.
283283 Sec. 361.984. CONSUMER RESPONSIBILITIES. (a) A consumer
284284 is responsible for any information in any form left on the
285285 consumer's covered television equipment that is collected,
286286 recycled, or reused.
287287 (b) A consumer is encouraged to learn about recommended
288288 methods for recycling and reuse of covered television equipment
289289 that has reached the end of its useful life by visiting the
290290 commission's and television manufacturers' Internet websites.
291291 Sec. 361.985. MANAGEMENT OF COLLECTED TELEVISION
292292 EQUIPMENT. (a) Covered television equipment collected under this
293293 subchapter must be disposed of, recycled, or reused in a manner that
294294 complies with federal, state, and local law.
295295 (b) The commission shall adopt as standards for recycling or
296296 reuse of covered television equipment in this state the standards
297297 provided by "Electronics Recycling Operating Practices" as
298298 approved by the board of directors of the Institute of Scrap
299299 Recycling Industries, Inc., April 25, 2006, or other standards from
300300 a comparable nationally recognized organization.
301301 Sec. 361.986. STATE PROCUREMENT REQUIREMENTS. (a) In this
302302 section, "state agency" has the meaning assigned by Section
303303 2052.101, Government Code.
304304 (b) A person who submits a bid for a contract with a state
305305 agency for the purchase or lease of covered television equipment
306306 must be in compliance with this subchapter.
307307 (c) A state agency that purchases or leases covered
308308 television equipment shall require a prospective bidder to certify
309309 the bidder's compliance with this subchapter before the agency may
310310 accept the prospective bidder's bid.
311311 (d) In considering bids for a contract for covered
312312 television equipment, in addition to any other preferences provided
313313 under other laws of this state, the state shall give special
314314 preference to a television manufacturer that has a program to
315315 recycle the covered television equipment of other television
316316 manufacturers, including collection events and television
317317 manufacturer initiatives to accept covered television equipment
318318 labeled with another manufacturer's brand.
319319 (e) The comptroller shall adopt rules to implement this
320320 section.
321321 Sec. 361.987. FEDERAL PREEMPTION; EXPIRATION. (a) If
322322 federal law establishes a national program for the collection and
323323 recycling of covered television equipment and the commission
324324 determines that the federal law substantially meets the purposes of
325325 this subchapter, the commission may adopt an agency statement that
326326 interprets the federal law as preemptive of this subchapter.
327327 (b) This subchapter expires on the date the commission
328328 issues a statement under this section.
329329 SECTION 2. Sections 7.052(b-1) and (b-2), Water Code, are
330330 amended to read as follows:
331331 (b-1) The amount of the penalty assessed against a
332332 manufacturer that does not label its computer equipment or covered
333333 television equipment or adopt and implement a recovery plan as
334334 required by Section 361.955 or 361.976, Health and Safety Code, as
335335 applicable, may not exceed $10,000 for the second violation or
336336 $25,000 for each subsequent violation. A penalty under this
337337 subsection is in addition to any other penalty that may be assessed
338338 for a violation of Subchapter Y or Z, Chapter 361, Health and Safety
339339 Code.
340340 (b-2) Except as provided by Subsection (b-1), the amount of
341341 the penalty for a violation of Subchapter Y or Z, Chapter 361,
342342 Health and Safety Code, may not exceed $1,000 for the second
343343 violation or $2,000 for each subsequent violation. A penalty under
344344 this subsection is in addition to any other penalty that may be
345345 assessed for a violation of Subchapter Y or Z, Chapter 361, Health
346346 and Safety Code.
347347 SECTION 3. (a) The Texas Commission on Environmental
348348 Quality shall adopt any rules required to implement this Act not
349349 later than May 1, 2010.
350350 (b) This Act may not be enforced before September 1, 2010.
351351 (c) A report required under Section 361.975, Health and
352352 Safety Code, as added by this Act, is not required to be prepared or
353353 submitted for the first time before the date specified by that
354354 section in 2012.
355355 (d) Notwithstanding Section 361.981, Health and Safety
356356 Code, as added by this Act, a retailer of television equipment may
357357 sell television equipment inventory that the retailer acquired
358358 before the effective date of this Act without incurring a penalty.
359359 SECTION 4. This Act takes effect September 1, 2009.