Texas 2011 - 82nd Regular

Texas House Bill HB405 Compare Versions

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Old	New	Differences
1	1	82R22482 JAM-D
2	2	By: Quintanilla, Aliseda H.B. No. 405
3	3	Substitute the following for H.B. No. 405:
4	4	By: Chisum C.S.H.B. No. 405
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the storage, transportation, and disposal of tires;
10	10	providing criminal penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 361.1125(a)(1), Health and Safety Code,
13	13	is amended to read as follows:
14	14	(1) "Scrap tire" has the meaning assigned by Section
15	15	361.471 [361.112].
16	16	SECTION 2. Chapter 361, Health and Safety Code, is amended
17	17	by adding Subchapter P to read as follows:
18	18	SUBCHAPTER P. STORAGE, TRANSPORTATION, AND DISPOSAL OF USED
19	19	OR SCRAP TIRES
20	20	Sec. 361.471. DEFINITIONS. In this subchapter:
21	21	(1) "Commission" means the Texas Commission on
22	22	Environmental Quality.
23	23	(2) "Generator" means:
24	24	(A) a fleet operator;
25	25	(B) an automotive dismantler; or
26	26	(C) a new or used tire retailer, wholesaler,
27	27	manufacturer, recapper, or retreader.
28	28	(3) "Reusable tire" means a used tire that:
29	29	(A) can be used for its original intended
30	30	purpose;
31	31	(B) has tire tread not less than one-sixteenth
32	32	inch deep;
33	33	(C) does not have chunking, bumps, knots, or
34	34	bulges evidencing cord, ply, or tread separation from the casing or
35	35	other adjacent material; and
36	36	(D) does not have exposed tire cords or belting
37	37	material as a result of damage to the tire.
38	38	(4) "Scrap tire" means:
39	39	(A) a used tire that a generator has rendered
40	40	unusable; or
41	41	(B) a tire that can no longer be used for its
42	42	original intended purpose because it has:
43	43	(i) tire tread less than one-sixteenth inch
44	44	deep;
45	45	(ii) chunking, bumps, knots, or bulges
46	46	evidencing cord, ply, or tread separation from the casing or other
47	47	adjacent material; or
48	48	(iii) exposed tire cords or belting
49	49	material as a result of damage to the tire.
50	50	(5) "Transporter" means:
51	51	(A) a person who transports used or scrap tires
52	52	for compensation; or
53	53	(B) a generator who transports used or scrap
54	54	tires.
55	55	Sec. 361.472. RULES. The commission by rule shall adopt
56	56	application forms and procedures for the registration and
57	57	permitting processes authorized under this subchapter.
58	58	Sec. 361.473. STORAGE OF USED OR SCRAP TIRES; REGISTRATION
59	59	REQUIRED. (a) A person may not store more than 500 used or scrap
60	60	tires for any period on any publicly or privately owned property
61	61	unless the person registers the storage site with the commission.
62	62	This section does not apply to:
63	63	(1) the storage, protection, or production of
64	64	agricultural commodities; or
65	65	(2) the temporary storage of used or scrap tires for
66	66	eventual recycling, reuse, or energy recovery if the storage is
67	67	approved by the commission.
68	68	(b) The commission may register a site to store more than
69	69	500 used or scrap tires.
70	70	Sec. 361.474. STORAGE OF USED OR SCRAP TIRES; SHREDDING,
71	71	SPLITTING, OR QUARTERING REQUIRED. (a) A person may not store
72	72	more than 500 used or scrap tires unless the tires are shredded,
73	73	split, or quartered as provided by commission rule. The commission
74	74	may grant an exception to this requirement if the commission finds
75	75	that circumstances warrant the exception.
76	76	(b) The prohibition provided by Subsection (a) does not
77	77	apply to:
78	78	(1) a registered waste tire energy recovery facility
79	79	or a waste tire energy recovery facility storage site; or
80	80	(2) a person who, for eventual recycling, reuse, or
81	81	energy recovery, temporarily stores used or scrap tires:
82	82	(A) in a designated recycling collection area at
83	83	a landfill permitted by the commission or licensed by a county or by
84	84	a political subdivision exercising the authority granted by Section
85	85	361.165; or
86	86	(B) at another location approved by the
87	87	commission for the temporary storage of used or scrap tires.
88	88	Sec. 361.475. STORAGE OF TIRES IN CERTAIN LOCATIONS. The
89	89	commission may adopt rules to regulate the storage of used, scrap,
90	90	or shredded tires that are stored at a marine dock, rail yard, or
91	91	trucking facility for more than 30 days.
92	92	Sec. 361.476. TRANSPORTATION OF USED OR SCRAP TIRES;
93	93	REGISTRATION REQUIRED. (a) Except as provided by commission rule,
94	94	a transporter may not transport used or scrap tires unless the
95	95	transporter registers with the commission.
96	96	(b) A generator may register as a transporter.
97	97	(c) A transporter may not transport reusable tires together
98	98	with scrap tires unless the reusable and scrap tires are collected
99	99	from a generator and transported directly to a tire processor, as
100	100	defined by commission rule.
101	101	(d) The commission by rule may exempt from the requirements
102	102	of this section a type of transporter if the commission finds that
103	103	circumstances support the exemption.
104	104	Sec. 361.477. TRANSPORTATION OF USED OR SCRAP TIRES;
105	105	MANIFEST AND ACCEPTABLE DESTINATIONS. (a) A transporter who
106	106	transports used or scrap tires for storage or disposal shall
107	107	maintain records and use a manifest or other appropriate
108	108	documentation system as provided by commission rule to ensure that
109	109	those tires are transported to:
110	110	(1) a storage site that is registered under Section
111	111	361.473;
112	112	(2) a disposal facility that is permitted under
113	113	Section 361.479 for that purpose;
114	114	(3) if the tire is a reusable tire, a used tire dealer
115	115	or other generator; or
116	116	(4) another location allowed by commission rule
117	117	adopted under Section 361.478.
118	118	(b) A transporter who transports used or scrap tires for
119	119	storage or disposal shall file with the commission the manifest or
120	120	other appropriate documentation system used as required by this
121	121	section.
122	122	(c) The commission by rule may exempt from the requirements
123	123	of this section a type of transporter if the commission finds that
124	124	circumstances support the exemption.
125	125	Sec. 361.478. TRANSPORTATION OF USED OR SCRAP TIRES FOR
126	126	BENEFICIAL USE. The commission by rule shall authorize the
127	127	transportation of used or scrap tires to a facility that will reuse
128	128	the tires beneficially for purposes such as energy recovery,
129	129	tire-derived fuel, septic drain fields, rubber mulch, crumb rubber,
130	130	or reclamation projects.
131	131	Sec. 361.479. DISPOSAL AT PERMITTED SITE REQUIRED. (a) A
132	132	person may not dispose of used or scrap tires in a facility that is
133	133	not permitted by the commission for that purpose.
134	134	(b) The commission may issue a permit for a facility for the
135	135	disposal of used or scrap tires.
136	136	(c) The commission may amend, extend, transfer, or renew a
137	137	permit issued under this section as provided by this chapter and
138	138	commission rule.
139	139	(d) The notice and hearing procedures provided by
140	140	Subchapter C apply to a permit issued, amended, extended,
141	141	transferred, or renewed under this section.
142	142	(e) The commission may, for good cause, revoke or amend a
143	143	permit issued under this section for a reason concerning public
144	144	health, air or water pollution, land use, or a violation of this
145	145	section, as provided by Section 361.089.
146	146	Sec. 361.480. DISPOSAL OF USED OR SCRAP TIRES; SHREDDING,
147	147	SPLITTING, OR QUARTERING REQUIRED. (a) A person may not dispose of
148	148	any quantity of used or scrap tires unless the tires are shredded,
149	149	split, or quartered as provided by commission rule. The commission
150	150	may grant an exception to this requirement if the commission finds
151	151	that circumstances warrant the exception.
152	152	(b) Subsection (a) does not prohibit a person from storing
153	153	used or scrap tires temporarily for eventual recycling, reuse, or
154	154	energy recovery in a designated recycling collection area at a
155	155	landfill:
156	156	(1) permitted by the commission; or
157	157	(2) licensed by a county or by a political subdivision
158	158	exercising the authority granted by Section 361.165.
159	159	Sec. 361.481. DUTY TO REPORT IMPROPER DISPOSAL OF TIRES. A
160	160	political subdivision shall submit, at the time and in the form and
161	161	manner required by the commission, a report notifying the
162	162	commission of used or scrap tires disposed of at a location where
163	163	the disposal is not authorized by permit.
164	164	SECTION 3. Subchapter E, Chapter 7, Water Code, is amended
165	165	by adding Section 7.1851 to read as follows:
166	166	Sec. 7.1851. VIOLATIONS RELATING TO STORAGE,
167	167	TRANSPORTATION, AND DISPOSAL OF USED OR SCRAP TIRES. (a) A person
168	168	commits an offense if the person:
169	169	(1) recklessly violates:
170	170	(A) Section 361.473, Health and Safety Code;
171	171	(B) Section 361.474, Health and Safety Code;
172	172	(C) Section 361.476, Health and Safety Code;
173	173	(D) Section 361.479, Health and Safety Code;
174	174	(E) Section 361.480, Health and Safety Code; or
175	175	(F) an order, permit, or exemption issued, or
176	176	rule adopted, under Subchapter P, Chapter 361, Health and Safety
177	177	Code; or
178	178	(2) knowingly or intentionally violates:
179	179	(A) Section 361.473, Health and Safety Code;
180	180	(B) Section 361.474, Health and Safety Code;
181	181	(C) Section 361.476, Health and Safety Code;
182	182	(D) Section 361.479, Health and Safety Code;
183	183	(E) Section 361.480, Health and Safety Code; or
184	184	(F) an order, permit, or exemption issued, or
185	185	rule adopted, under Subchapter P, Chapter 361, Health and Safety
186	186	Code.
187	187	(b) An offense under Subsection (a)(1) is a Class A
188	188	misdemeanor.
189	189	(c) An offense under Subsection (a)(2) is a state jail
190	190	felony.
191	191	SECTION 4. Section 7.302(a), Water Code, is amended to read
192	192	as follows:
193	193	(a) This section applies to a permit or exemption issued by
194	194	the commission under:
195	195	(1) Chapter 26, 27, 28, or 31 of this code;
196	196	(2) Subchapter C, P, or R, Chapter 361, Health and
197	197	Safety Code;
198	198	(3) Subchapter D, Chapter 366, Health and Safety Code;
199	199	(4) Chapter 382, Health and Safety Code; or
200	200	(5) a rule adopted under any of those provisions.
201	201	SECTION 5. Section 7.303(a), Water Code, is amended to read
202	202	as follows:
203	203	(a) This section applies to a license, certificate, or
204	204	registration issued:
205	205	(1) by the commission under:
206	206	(A) Section 26.0301;
207	207	(B) Chapter 37;
208	208	(C) Section 361.0861 or[,] 361.092[, or
209	209	361.112], Health and Safety Code;
210	210	(D) Chapter 366, 371, or 401, Health and Safety
211	211	Code; [or]
212	212	(E) Chapter 1903, Occupations Code; or
213	213	(F) Subchapter P, Chapter 361, Health and Safety
214	214	Code;
215	215	(2) by a county under Subchapter E, Chapter 361,
216	216	Health and Safety Code; or
217	217	(3) under a rule adopted under any of those
218	218	provisions.
219	219	SECTION 6. The following laws are repealed:
220	220	(1) Section 361.112, Health and Safety Code; and
221	221	(2) Section 7.304, Water Code.
222	222	SECTION 7. Not later than May 1, 2012, the Texas Commission
223	223	on Environmental Quality shall adopt rules as required by
224	224	Subchapter P, Chapter 361, Health and Safety Code, as added by this
225	225	Act.
226	226	SECTION 8. This Act takes effect September 1, 2011.