82R4596 KJM-F
By: Farrar H.B. No. 821
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on the disposal of certain used equipment
at a municipal solid waste facility; 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 361.966, Health and Safety Code, is
amended to read as follows:
Sec. 361.966. FEDERAL PREEMPTION; EXPIRATION. (a) If
federal law establishes a national program for the collection and
recycling of [computer] equipment to which this subchapter applies
and the commission determines that the federal law substantially
meets the purposes of Sections 361.952 through 361.965 [this
subchapter], the commission may adopt an agency statement that
interprets the federal law as preemptive of those sections [this
subchapter].
(b) Sections 361.952 through 361.965 expire [This
subchapter expires] on the date the commission issues a statement
under this section.
SECTION 3. 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) The commission by rule shall prohibit a person from
intentionally or knowingly disposing of used equipment in a
municipal solid waste landfill or incinerator.
(c) An owner or operator of a municipal solid waste landfill
or incinerator is not in violation of this section or a rule adopted
under this section if the owner or operator has:
(1) made a good faith effort to comply with this
section;
(2) posted in a conspicuous location a sign stating
that used equipment is not accepted at the landfill or incinerator;
and
(3) notified in writing any solid waste collector
registered to dispose of waste at the landfill or incinerator that
used equipment is not accepted.
(d) A penalty may be assessed under Section 7.052, Water
Code, for each item of used equipment disposed of or accepted for
disposal at a municipal solid waste landfill or incinerator in
violation of this section or a rule adopted under this section.
SECTION 4. The Texas Commission on Environmental Quality
shall adopt rules to implement this Act not later than December 31,
2011.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.