Texas Senate Bill SB2574

Texas 2009 - 81st Regular

• Out of Senate Committee: 5/13/09
• Voted on by Senate: 5/20/09
• Out of House Committee: 5/22/09

Caption

Relating to the regulation of tire businesses and authorizing a fee for tire purchases for regulatory compliance in certain counties; creating an offense.

Impact

The bill allows counties with populations over 45,000, particularly those adjacent to international borders and home to Indian reservations, to impose fees on tire purchases. These fees are intended to support initiatives related to the disposal of scrap tires, thereby mitigating the environmental impacts associated with improper tire disposal. The legislation empowers local governments to adopt rules and impose sanctions, including injunctions, against businesses that violate these new regulations.

Summary

SB2574 addresses the regulation of tire businesses within certain counties in Texas. It specifically targets used tire businesses and mobile tire repair operations by mandating that these entities acquire licenses or permits from the local commissioners court before initiating operations. The bill includes definitions for both mobile tire repair businesses and used tire businesses to clarify which entities fall under its jurisdiction. This regulatory framework seeks to ensure that tire businesses operate within the law while also maintaining safety and environmental standards.

Contention

The legislation has raised points of discussion regarding local control and the potential economic impacts on tire businesses. Supporters argue that the bill provides necessary oversight to maintain community standards for environmental health and safety, particularly in areas impacted by the extensive use of tires. Conversely, critics may express concerns over increased operating costs for tire businesses, particularly smaller entities that may struggle to comply with additional regulatory burdens. The constitutionality and enforceability of some provisions, such as the imposition of disposal fees on retailers, may also be contested.

Notable_points

The bill establishes specific offenses for violations of its provisions, categorizing these as Class C misdemeanors. This step indicates a legislative intent not only to regulate but also to penalize noncompliance actively. The implementation date is set for September 1, 2009, indicating urgency in putting these regulations into effect and allowing local jurisdictions to start enforcing the new rules.