TX
Texas Senate Bill SB761

Texas 2009 - 81st Regular

Texas Senate Bill SB761 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 81R375 KJM-D
22 By: Watson S.B. No. 761
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to a program for the recycling of electronic equipment of
88 consumers in this state; providing administrative penalties.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. The heading to Subchapter Y, Chapter 361, Health
1111 and Safety Code, is amended to read as follows:
1212 SUBCHAPTER Y. ELECTRONIC [COMPUTER] EQUIPMENT RECYCLING PROGRAM
1313 SECTION 2. Section 361.951, Health and Safety Code, is
1414 amended to read as follows:
1515 Sec. 361.951. SHORT TITLE. This subchapter may be cited as
1616 the Manufacturer Responsibility and Consumer Convenience
1717 Electronic [Computer] Equipment Collection and Recovery Act.
1818 SECTION 3. Section 361.952, Health and Safety Code, is
1919 amended by amending Subdivisions (3) and (4) and adding Subdivision
2020 (3-a) to read as follows:
2121 (3) "Consumer" means an individual who uses electronic
2222 [computer] equipment that is purchased primarily for personal or
2323 home business use.
2424 (3-a) "Electronic equipment" means computer equipment
2525 or televisions.
2626 (4) "Manufacturer" means a person:
2727 (A) who manufactures or manufactured electronic
2828 [computer] equipment under a brand that:
2929 (i) the person owns or owned; or
3030 (ii) the person is or was licensed to use,
3131 other than under a license to manufacture electronic [computer]
3232 equipment for delivery exclusively to or at the order of the
3333 licensor;
3434 (B) who sells or sold electronic [computer]
3535 equipment manufactured by others under a brand that:
3636 (i) the person owns or owned; or
3737 (ii) the person is or was licensed to use,
3838 other than under a license to manufacture electronic [computer]
3939 equipment for delivery exclusively to or at the order of the
4040 licensor;
4141 (C) who manufactures or manufactured electronic
4242 [computer] equipment without affixing a brand;
4343 (D) who manufactures or manufactured electronic
4444 [computer] equipment to which the person affixes or affixed a brand
4545 that:
4646 (i) the person does not or has not owned; or
4747 (ii) the person is not or was not licensed
4848 to use; or
4949 (E) who imports or imported electronic
5050 [computer] equipment manufactured outside the United States into
5151 the United States unless at the time of importation the company or
5252 licensee that sells or sold the electronic [computer] equipment to
5353 the importer has or had assets or a presence in the United States
5454 sufficient to be considered the manufacturer.
5555 SECTION 4. Section 361.953, Health and Safety Code, is
5656 amended to read as follows:
5757 Sec. 361.953. LEGISLATIVE FINDINGS AND PURPOSE. (a)
5858 Computers and other electronic [related display] devices are
5959 critical elements to the strength and growth of this state's
6060 economic prosperity and quality of life. Many of those products can
6161 be refurbished and reused, and many contain valuable components
6262 that can be recycled.
6363 (b) The purpose of this subchapter is to establish a
6464 comprehensive, convenient, and environmentally sound program for
6565 the collection, recycling, and reuse of electronic [computer]
6666 equipment that has reached the end of its useful life. The program
6767 is based on individual manufacturer responsibility and shared
6868 responsibility among consumers, retailers, and the government of
6969 this state.
7070 SECTION 5. Section 361.954, Health and Safety Code, is
7171 amended to read as follows:
7272 Sec. 361.954. APPLICABILITY. (a) The collection,
7373 recycling, and reuse provisions of this subchapter apply to
7474 electronic [computer] equipment used and returned to the
7575 manufacturer by a consumer in this state and do not impose any
7676 obligation on an owner or operator of a solid waste facility.
7777 (b) This subchapter does not apply to:
7878 (1) [a television,] any part of a motor vehicle, a
7979 personal digital assistant, or a telephone;
8080 (2) a consumer's lease of electronic [computer]
8181 equipment or a consumer's use of electronic [computer] equipment
8282 under a lease agreement; or
8383 (3) the sale or lease of electronic [computer]
8484 equipment to an entity when the manufacturer and the entity enter
8585 into a contract that effectively addresses the collection,
8686 recycling, and reuse of electronic [computer] equipment that has
8787 reached the end of its useful life.
8888 SECTION 6. Sections 361.955(a), (b), (c), (d), (e), (f),
8989 (h), (i), and (j), Health and Safety Code, are amended to read as
9090 follows:
9191 (a) Before a manufacturer may offer electronic [computer]
9292 equipment for sale in this state, the manufacturer must:
9393 (1) adopt and implement a recovery plan; and
9494 (2) affix a permanent, readily visible label to the
9595 electronic [computer] equipment with the manufacturer's brand.
9696 (b) The recovery plan must enable a consumer to recycle
9797 electronic [computer] equipment without paying a separate fee at
9898 the time of recycling and must include provisions for:
9999 (1) the manufacturer's collection from a consumer of
100100 any electronic [computer] equipment that has reached the end of its
101101 useful life and is labeled with the manufacturer's brand; and
102102 (2) recycling or reuse of electronic [computer]
103103 equipment collected under Subdivision (1).
104104 (c) The collection of electronic [computer] equipment
105105 provided under the recovery plan must be:
106106 (1) reasonably convenient and available to consumers
107107 in this state; and
108108 (2) designed to meet the collection needs of consumers
109109 in this state.
110110 (d) Examples of collection methods that alone or combined
111111 meet the convenience requirements of this section include:
112112 (1) a system by which the manufacturer or the
113113 manufacturer's designee offers the consumer a system for returning
114114 electronic [computer] equipment by mail;
115115 (2) a system using a physical collection site that the
116116 manufacturer or the manufacturer's designee keeps open and staffed
117117 and to which the consumer may return electronic [computer]
118118 equipment; and
119119 (3) a system using a collection event held by the
120120 manufacturer or the manufacturer's designee at which the consumer
121121 may return electronic [computer] equipment.
122122 (e) Collection services under this section may use existing
123123 collection and consolidation infrastructure for handling
124124 electronic [computer] equipment and may include electronic
125125 recyclers and repair shops, recyclers of other commodities, reuse
126126 organizations, not-for-profit corporations, retailers, recyclers,
127127 and other suitable operations.
128128 (f) The recovery plan must include information for the
129129 consumer on how and where to return the manufacturer's electronic
130130 [computer] equipment. The manufacturer:
131131 (1) shall include collection, recycling, and reuse
132132 information on the manufacturer's publicly available Internet
133133 site;
134134 (2) shall provide collection, recycling, and reuse
135135 information to the commission; and
136136 (3) may include collection, recycling, and reuse
137137 information in the packaging for or in other materials that
138138 accompany the manufacturer's electronic [computer] equipment when
139139 the equipment is sold.
140140 (h) Each manufacturer shall submit a report to the
141141 commission not later than January 31 of each year that includes:
142142 (1) the weight of electronic [computer] equipment
143143 collected, recycled, and reused during the preceding calendar year;
144144 and
145145 (2) documentation verifying the collection,
146146 recycling, and reuse of that electronic [computer] equipment in a
147147 manner that complies with Section 361.964 regarding sound
148148 environmental management.
149149 (i) If more than one person is a manufacturer of a certain
150150 brand of electronic [computer] equipment as defined by Section
151151 361.952, any of those persons may assume responsibility for and
152152 satisfy the obligations of a manufacturer under this subchapter for
153153 that brand. If none of those persons assumes responsibility or
154154 satisfies the obligations of a manufacturer for the electronic
155155 [computer] equipment of that brand, the commission may consider any
156156 of those persons to be the responsible manufacturer for purposes of
157157 this subchapter.
158158 (j) The obligations under this subchapter of a manufacturer
159159 who manufactures or manufactured electronic [computer] equipment,
160160 or sells or sold electronic [computer] equipment manufactured by
161161 others, under a brand that was previously used by a different person
162162 in the manufacture of the electronic [computer] equipment extends
163163 to all electronic [computer] equipment bearing that brand
164164 regardless of its date of manufacture.
165165 SECTION 7. Sections 361.956(a) and (c), Health and Safety
166166 Code, are amended to read as follows:
167167 (a) A person who is a retailer of electronic [computer]
168168 equipment may not sell or offer to sell new electronic [computer]
169169 equipment in this state unless the equipment is labeled with the
170170 manufacturer's label and the manufacturer is included on the
171171 commission's list of manufacturers that have recovery plans.
172172 (c) A retailer is not required to collect electronic
173173 [computer] equipment for recycling or reuse under this subchapter.
174174 SECTION 8. Section 361.957(a), Health and Safety Code, is
175175 amended to read as follows:
176176 (a) A manufacturer or retailer of electronic [computer]
177177 equipment is not liable in any way for information in any form that
178178 a consumer leaves on electronic [computer] equipment that is
179179 collected, recycled, or reused under this subchapter.
180180 SECTION 9. Section 361.958, Health and Safety Code, is
181181 amended to read as follows:
182182 Sec. 361.958. COMMISSION'S EDUCATION RESPONSIBILITIES.
183183 (a) The commission shall educate consumers regarding the
184184 collection, recycling, and reuse of electronic [computer]
185185 equipment.
186186 (b) The commission shall host or designate another person to
187187 host an Internet site providing consumers with information about
188188 the recycling and reuse of electronic [computer] equipment,
189189 including best management practices and information about and links
190190 to information on:
191191 (1) manufacturers' collection, recycling, and reuse
192192 programs, including manufacturers' recovery plans; and
193193 (2) electronic [computer] equipment collection
194194 events, collection sites, and community electronic [computer]
195195 equipment recycling and reuse programs.
196196 SECTION 10. Sections 361.959(b), (c), and (e), Health and
197197 Safety Code, are amended to read as follows:
198198 (b) The commission and the attorney general, as
199199 appropriate, shall enforce this subchapter and, except as provided
200200 by Subsections (d) and (e), take enforcement action against any
201201 manufacturer, retailer, or person who recycles or reuses electronic
202202 [computer] equipment for failure to comply with this subchapter.
203203 (c) The attorney general may file suit under Section 7.032,
204204 Water Code, to enjoin an activity related to the sale of electronic
205205 [computer] equipment in violation of this subchapter.
206206 (e) A retailer who receives a warning notice from the
207207 commission that the retailer's inventory violates this subchapter
208208 because it includes electronic [computer] equipment from a
209209 manufacturer that has not submitted the recovery plan required by
210210 Section 361.955 must bring the inventory into compliance with this
211211 subchapter not later than the 60th day after the date the warning
212212 notice is issued.
213213 SECTION 11. Section 361.962, Health and Safety Code, is
214214 amended to read as follows:
215215 Sec. 361.962. FEES NOT AUTHORIZED. This subchapter does
216216 not authorize the commission to impose a fee, including a recycling
217217 fee or registration fee, on a consumer, manufacturer, retailer, or
218218 person who recycles or reuses electronic [computer] equipment.
219219 SECTION 12. Section 361.963, Health and Safety Code, is
220220 amended to read as follows:
221221 Sec. 361.963. CONSUMER RESPONSIBILITIES. (a) A consumer
222222 is responsible for any information in any form left on the
223223 consumer's electronic [computer] equipment that is collected,
224224 recycled, or reused.
225225 (b) A consumer is encouraged to learn about recommended
226226 methods for recycling and reuse of electronic [computer] equipment
227227 that has reached the end of its useful life by visiting the
228228 commission's and manufacturers' Internet sites.
229229 SECTION 13. Section 361.964, Health and Safety Code, is
230230 amended to read as follows:
231231 Sec. 361.964. SOUND ENVIRONMENTAL MANAGEMENT. (a) All
232232 electronic [computer] equipment collected under this subchapter
233233 must be recycled or reused in a manner that complies with federal,
234234 state, and local law.
235235 (b) The commission shall adopt as standards for recycling or
236236 reuse of electronic [computer] equipment in this state the
237237 standards provided by "Electronics Recycling Operating Practices"
238238 as approved by the board of directors of the Institute of Scrap
239239 Recycling Industries, Inc., April 25, 2006, or other standards from
240240 a comparable nationally recognized organization.
241241 SECTION 14. Sections 361.965(b), (c), and (d), Health and
242242 Safety Code, are amended to read as follows:
243243 (b) A person who submits a bid for a contract with a state
244244 agency for the purchase or lease of electronic [computer] equipment
245245 must be in compliance with this subchapter.
246246 (c) A state agency that purchases or leases electronic
247247 [computer] equipment shall require each prospective bidder to
248248 certify the bidder's compliance with this subchapter. Failure to
249249 provide that certification renders the prospective bidder
250250 ineligible to participate in the bidding.
251251 (d) In considering bids for a contract for electronic
252252 [computer] equipment, in addition to any other preferences provided
253253 under other laws of this state, the state shall give special
254254 preference to a manufacturer that has a program to recycle the
255255 electronic [computer] equipment of other manufacturers, including
256256 collection events and manufacturer initiatives to accept
257257 electronic [computer] equipment labeled with another
258258 manufacturer's brand.
259259 SECTION 15. Section 361.966(a), Health and Safety Code, is
260260 amended to read as follows:
261261 (a) If federal law establishes a national program for the
262262 collection and recycling of electronic [computer] equipment and the
263263 commission determines that the federal law substantially meets the
264264 purposes of this subchapter, the commission may adopt an agency
265265 statement that interprets the federal law as preemptive of this
266266 subchapter.
267267 SECTION 16. Section 7.052(b-1), Water Code, is amended to
268268 read as follows:
269269 (b-1) The amount of the penalty assessed against a
270270 manufacturer that does not label its electronic [computer]
271271 equipment or adopt and implement a recovery plan as required by
272272 Section 361.955, Health and Safety Code, may not exceed $10,000 for
273273 the second violation or $25,000 for each subsequent violation. A
274274 penalty under this subsection is in addition to any other penalty
275275 that may be assessed for a violation of Subchapter Y, Chapter 361,
276276 Health and Safety Code.
277277 SECTION 17. (a) In this section, "television" has the
278278 meaning assigned by Section 361.952, Health and Safety Code.
279279 (b) The Texas Commission on Environmental Quality shall
280280 adopt any rules required to implement the amendments made by this
281281 Act to Subchapter Y, Chapter 361, Health and Safety Code, not later
282282 than May 1, 2010.
283283 (c) The Texas Commission on Environmental Quality may not
284284 enforce the change in law made by this Act applicable to televisions
285285 under Subchapter Y, Chapter 361, Health and Safety Code, before
286286 September 1, 2010.
287287 (d) The reports required under Sections 361.955 and
288288 361.961, Health and Safety Code, to the extent that they apply to
289289 televisions, are not required to be prepared or submitted for the
290290 first time before the dates specified by those sections in 2012.
291291 (e) Notwithstanding the 60-day limit under Section
292292 361.959(d) or (e), Health and Safety Code, as amended by this Act, a
293293 retailer may sell any television inventory accrued before the
294294 effective date of this Act without incurring a penalty.
295295 SECTION 18. This Act takes effect September 1, 2009.