82R9041 JE-F
By: Hinojosa S.B. No. 1429
A BILL TO BE ENTITLED
AN ACT
relating to regulating certain persons that generate or transport
scrap tires; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Business & Commerce Code, is amended by
adding Chapter 205 to read as follows:
CHAPTER 205. REQUIREMENTS FOR CERTAIN PERSONS THAT GENERATE OR
TRANSPORT SCRAP TIRES
Sec. 205.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission on
Environmental Quality.
(2) "Scrap tire" means a tire that can no longer be
used for the tire's original intended purpose.
(3) "Scrap tire generator" means a person that
generates scrap tires. The term includes a tire dealer, junkyard,
or fleet operator.
(4) "Scrap tire transporter" means a person that:
(A) collects scrap tires from another person for
the purpose of removal to a scrap tire processor, end user, or
disposal facility; and
(B) is required to register with the commission
as a scrap tire transporter.
Sec. 205.002. BOND REQUIRED FOR SCRAP TIRE TRANSPORTER.
(a) A scrap tire transporter shall file with the commission a bond
issued by a surety company authorized to transact business in this
state.
(b) The principal amount of the bond must equal at least
$100,000.
(c) The bond must be payable to the state and conditioned on
compliance with this chapter and any rules adopted under this
chapter.
Sec. 205.003. STORAGE OF SCRAP TIRES. A scrap tire
generator that stores scrap tires outdoors on its business premises
shall store the scrap tires in a fully enclosed area or container
that may be made secure by locking.
Sec. 205.004. RULES. The commission may adopt rules to
implement this chapter.
Sec. 205.005. CIVIL PENALTY. (a) A person that violates
this chapter is subject to a civil penalty in an amount not to
exceed $500 for each violation. A separate penalty may be imposed
for each day a violation occurs.
(b) The attorney general or the appropriate district or
county attorney may bring an action against a person under this
section in the name of the state in a district court in the county in
which:
(1) the person resides; or
(2) the person's principal place of business is
located.
SECTION 2. This Act takes effect September 1, 2011.