82R3637 JAM-F
By: Harless H.B. No. 3209
A BILL TO BE ENTITLED
AN ACT
relating to the computer equipment recycling program; creating an
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.954(a), Health and Safety Code, is
amended to read as follows:
(a) The collection, recycling, and reuse provisions of this
subchapter apply to computer equipment used and returned to the
manufacturer by a consumer in this state and, except as provided by
Section 361.967, do not impose any obligation on an owner or
operator of a solid waste facility.
SECTION 2. Section 361.955, Health and Safety Code, is
amended by amending Subsection (d) and adding Subsection (d-1) to
read as follows:
(d) Examples of collection methods that alone or combined
meet the convenience requirements of this section include:
(1) a system by which the manufacturer or the
manufacturer's designee offers the consumer a system for returning
computer equipment by mail, subject to Subsection (d-1);
(2) a system using a physical collection site that the
manufacturer or the manufacturer's designee keeps open and staffed
and to which the consumer may return computer equipment; and
(3) a system using a collection event held by the
manufacturer or the manufacturer's designee at which the consumer
may return computer equipment.
(d-1) A collection system that allows for the return of
computer equipment by mail must also provide at least one
opportunity for a consumer to return computer equipment at a
physical collection site or a collection event.
SECTION 3. Section 361.962, Health and Safety Code, is
amended to read as follows:
Sec. 361.962. FEES [NOT AUTHORIZED]. (a) The commission
shall impose an annual fee of $5,000 on each manufacturer of
equipment to which this subchapter applies. A manufacturer shall
pay the fee at the time the manufacturer submits the report required
under Section 361.955(h).
(b) Except as provided by Subsection (a), this [This]
subchapter does not authorize the commission to impose a fee,
including a recycling fee or registration fee, on a consumer,
manufacturer, retailer, or person who recycles or reuses computer
equipment.
(c) The commission shall deposit fees collected under this
section to the credit of the electronic waste account established
under Section 361.9621.
SECTION 4. Subchapter Y, Chapter 361, Health and Safety
Code, is amended by adding Section 361.9621 to read as follows:
Sec. 361.9621. ELECTRONIC WASTE ACCOUNT. (a) The
electronic waste account is an account in the general revenue fund.
(b) The account consists of:
(1) money collected by the commission under this
subchapter; and
(2) interest earned on money in the account.
(c) The commission shall use money deposited to the account
to maintain a public Internet website that provides consumers with
information about recycling opportunities in the state.
SECTION 5. Subchapter Y, Chapter 361, Health and Safety
Code, is amended by adding Section 361.967 to read as follows:
Sec. 361.967. PROHIBITION ON LAND DISPOSAL OR INCINERATION.
(a) In this section, "used equipment" means equipment that is
eligible for collection under a manufacturer's recovery plan
adopted under Section 361.955.
(b) A person may not knowingly dispose of used equipment in
a municipal solid waste landfill or incinerator.
(c) The owner or operator of a municipal solid waste
landfill or incinerator that is permitted under this chapter may
not intentionally or knowingly accept used equipment for disposal
or incineration.
(d) A penalty may be assessed under Section 7.052, Water
Code, for each item of used equipment disposed of or accepted for
disposal or incineration at a municipal solid waste landfill or
incinerator in violation of this section.
(e) The commission may adopt rules as necessary to enforce
this section.
SECTION 6. (a) The Texas Commission on Environmental
Quality shall adopt any rules required to implement the changes in
law made by this Act not later than January 1, 2012.
(b) The fee required by Section 361.962, Health and Safety
Code, as amended by this Act, is not due for the first time before
January 31, 2013.
SECTION 7. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2011.
(b) Sections 361.967(b) and (c), Health and Safety Code, as
added by this Act, take effect January 1, 2012.