82R776 KJM-F
By: Watson S.B. No. 329
A BILL TO BE ENTITLED
AN ACT
relating to the sale, recovery, and recycling of certain television
equipment; providing administrative penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 361, Health and Safety Code, is amended
by adding Subchapter Z to read as follows:
SUBCHAPTER Z. TELEVISION EQUIPMENT RECYCLING PROGRAM
Sec. 361.971. DEFINITIONS. In this subchapter:
(1) "Brand" has the meaning assigned by Section
361.952.
(2) "Consumer" means an individual who uses covered
television equipment that is purchased primarily for personal or
home business use.
(3) "Covered television equipment" means the
following equipment marketed to and intended for consumers:
(A) a direct view or projection television with a
viewable screen of nine inches or larger whose display technology
is based on cathode ray tube, plasma, liquid crystal, digital light
processing, liquid crystal on silicon, silicon crystal reflective
display, light-emitting diode, or similar technology; or
(B) a display device that is peripheral to a
computer that contains a television tuner.
(4) "Market share allocation" means the quantity of
covered television equipment, by weight, that an individual
manufacturer is responsible for collecting, transporting, and
recycling, as computed by the commission under Section 361.981(g).
(5) "Recycling" means any process by which equipment
that would otherwise become solid waste or hazardous waste is
collected, separated, and refurbished for reuse or processed to be
returned to use in the form of raw material or products. The term
does not include incineration.
(6) "Retailer" means a person who owns or operates a
business that sells new covered television equipment by any means
directly to a consumer.
(7) "Television" means an electronic device that
contains a tuner that locks onto a selected carrier frequency and is
capable of receiving and displaying video programming from a
broadcast, cable, or satellite source.
(8) "Television manufacturer" means a person that:
(A) manufactures covered television equipment
under a brand the person owns or is licensed to use;
(B) manufactures covered television equipment
without affixing a brand;
(C) resells covered television equipment
produced by other suppliers under a brand the person owns or is
licensed to use;
(D) imports covered television equipment into
the United States for sale, except that if a company from which an
importer purchases the equipment has a presence or assets in the
United States, that company is considered to be the manufacturer of
the television equipment;
(E) manufactures covered television equipment,
supplies it to any person within a distribution network that
includes a wholesaler or retailer, and benefits from the sale of the
covered television equipment through that distribution network; or
(F) assumes the responsibilities of a television
manufacturer under this subchapter.
Sec. 361.972. LEGISLATIVE FINDINGS AND PURPOSE. The
purpose of this subchapter is to establish a comprehensive,
convenient, and environmentally sound program for the collection
and recycling of television equipment. The program is based on
individual manufacturer responsibility and shared responsibility
among consumers, retailers, and the government of this state.
Sec. 361.973. APPLICABILITY. (a) Except as provided by
this section and Section 361.988, this subchapter applies only to
covered television equipment that is:
(1) offered for sale or sold to a consumer in this
state; or
(2) used by a consumer in this state and returned for
recycling.
(b) This subchapter does not apply to:
(1) computer equipment as that term is defined by
Section 361.952;
(2) any part of a motor vehicle, including a
replacement part;
(3) a device that is functionally or physically part
of or connected to another system or piece of equipment:
(A) designed and intended for use in an
industrial, governmental, commercial, research and development, or
medical setting, including diagnostic monitoring or control
equipment; or
(B) used for security, sensing, monitoring,
antiterrorism, or emergency services purposes;
(4) a device that is contained in exercise equipment
intended for home use or an appliance intended for home use
including a clothes washer, clothes dryer, refrigerator,
refrigerator and freezer, microwave oven, conventional oven or
range, dishwasher, room air conditioner, dehumidifier, and air
purifier;
(5) a telephone of any type;
(6) a personal digital assistant;
(7) a global positioning system;
(8) a consumer's lease of covered television equipment
or a consumer's use of covered television equipment under a lease
agreement; or
(9) the sale or lease of covered television equipment
to an entity when the television manufacturer and the entity enter
into a contract that effectively addresses the recycling of
equipment that has reached the end of its useful life.
Sec. 361.974. SALES PROHIBITION. A person may not offer for
sale in this state new covered television equipment unless the
equipment has been labeled in compliance with Section 361.975.
Sec. 361.975. MANUFACTURER'S LABELING REQUIREMENT. A
television manufacturer may sell or offer for sale in this state
only covered television equipment that is labeled with the
television manufacturer's brand. The label must be permanently
affixed and readily visible.
Sec. 361.976. MANUFACTURERS' REGISTRATION AND REPORTING.
(a) A manufacturer of covered television equipment shall register
with the commission and pay a registration fee of $2,500. A
registered television manufacturer shall renew the registration
and pay the fee on or before January 31 of each year. The
registration or registration renewal must include:
(1) a list of all brands the television manufacturer
uses in this state on covered television equipment regardless of
whether the television manufacturer owns or is licensed to use the
brand; and
(2) contact information for the person the commission
may contact regarding the television manufacturer's activities to
comply with this subchapter.
(b) Not later than January 31 of each year, each registered
television manufacturer of covered television equipment shall
report to the commission:
(1) the total weight of covered television equipment
for which the television manufacturer is responsible that was sold
in this state during the preceding calendar year or, if the
manufacturer does not track the weight of covered television
equipment it sells by state, the television manufacturer may report
the total amount of covered television equipment the television
manufacturer sold nationally in the preceding calendar year; and
(2) the total weight of covered television equipment
the manufacturer collected and recycled in this state during the
preceding calendar year.
Sec. 361.977. MANUFACTURER'S RECOVERY PLAN AND RELATED
RESPONSIBILITIES. (a) Each television manufacturer of covered
television equipment sold in this state shall, individually or as a
member of a group of television manufacturers, submit to the
commission a recovery plan to collect, transport, and recycle
covered television equipment.
(b) An individual television manufacturer that submits a
recovery plan under Subsection (a) shall collect, transport, and
recycle covered television equipment. Beginning with the
television manufacturer's second year of registration, the
individual television manufacturer shall collect, transport, and
recycle the quantity of covered television equipment computed by
the commission as the manufacturer's market share allocation.
(c) A group of television manufacturers that submits a
recovery plan under Subsection (a) shall collect, transport, and
recycle covered television equipment. Beginning the second year of
registration for a group of television manufacturers, the group of
television manufacturers shall collect, transport, and recycle a
quantity of covered television equipment equal to the sum of the
combined market share allocations of the group's participants.
(d) A recovery plan under Subsection (a) must include at a
minimum:
(1) a statement of whether the television manufacturer
intends to collect and recycle its market share allocation through
operation of its program, individually or in partnership with other
television manufacturers;
(2) beginning with the television manufacturer's
second year of registration, the total weight of covered television
equipment collected, transported, and recycled by or on behalf of
the television manufacturer during the preceding year; and
(3) collection methods that allow a consumer to
recycle television equipment without paying a separate fee at the
time of recycling.
(e) The commission shall review the recovery plan for
satisfaction of the requirements of this subchapter. If the
registration and recovery plan are complete, the commission shall
include the television manufacturer on the commission's Internet
website listing as provided by Section 361.981(a). The commission
may reject the recovery plan if it does not meet all requirements of
this subchapter.
Sec. 361.978. RETAILER RESPONSIBILITY. (a) A retailer may
order and sell only products from a television manufacturer that is
included on the list published under Section 361.981(a) that
identifies manufacturers whose recovery plans have been approved by
the commission. A retailer shall consult that list before ordering
covered television equipment in this state. A retailer is
considered to have complied with this subsection and may sell a
product in the retailer's inventory if, on the date the product was
ordered from the manufacturer, the manufacturer was listed on the
Internet website described by Section 361.981(a) as having an
approved recovery plan.
(b) A person who is a retailer of covered television
equipment shall provide to consumers in writing the information
published by the commission regarding the legal disposition and
recycling of television equipment. The information may be included
with the sales receipt or as part of the packaging of the equipment.
Alternatively, the retailer may provide the information required by
this subsection through a toll-free telephone number and address of
an Internet website provided to consumers.
(c) This subchapter does not require a retailer to collect
covered television equipment for recycling.
Sec. 361.979. RECYCLER RESPONSIBILITIES. (a) A person who
is engaged in the business of recycling covered television
equipment in this state shall:
(1) register with the commission and certify that the
person is in compliance with the standards adopted under Section
361.987;
(2) on or before January 31 of each year renew the
registration with the commission and certify the person's continued
compliance with the standards adopted under Section 361.987;
(3) recycle all covered television equipment accepted
for recycling in accordance with the standards adopted under
Section 361.987;
(4) maintain a written log recording the weight of all
covered television equipment received by the person and the
disposition of that equipment;
(5) obtain and retain documentation in accordance with
commission rules that covered television equipment received for
recycling was last used by a consumer in this state; and
(6) annually report to the commission the total weight
of covered television equipment received and recycled by the person
in the preceding 12 months.
(b) The commission may impose a fee for registration under
this section in an amount necessary to recover the costs of
registrations under this section.
Sec. 361.980. LIABILITY. (a) A television manufacturer,
retailer, or person who recycles covered television equipment is
not liable in any way for information in any form that a consumer
leaves on covered television equipment that is collected or
recycled under this subchapter.
(b) This subchapter does not exempt a person from liability
under other law.
Sec. 361.981. COMMISSION RESPONSIBILITIES. (a) The
commission shall publish on a publicly accessible Internet website:
(1) a list of television manufacturers who have
registered with the commission; and
(2) a list of television manufacturers who are in full
compliance with this subchapter.
(b) The commission shall remove manufacturers no longer in
compliance with this subchapter from the Internet website once each
calendar quarter.
(c) The commission shall educate consumers regarding the
collection and recycling of covered television equipment.
(d) The commission shall host or designate another person to
host an Internet website and shall provide a toll-free telephone
number to provide consumers with information about the recycling of
covered television equipment, including best management practices
and information about or links to information about:
(1) television manufacturers' collection and
recycling programs, including television manufacturers' recovery
plans; and
(2) covered television equipment collection events,
collection sites, and community television equipment recycling
programs.
(e) Information about collection and recycling provided on
a television manufacturer's publicly available Internet website
and through a toll-free telephone number does not constitute a
determination by the commission that the manufacturer's recovery
plan or actual practices are in compliance with this subchapter or
other law.
(f) Not later than February 15 of each year, the commission
shall establish the state recycling rate by computing the ratio of
the weight of total returns of covered television equipment in this
state to the total weight of covered television equipment sold in
this state during the preceding year.
(g) Not later than March 1 of each year, the commission
shall compute and provide to each registered television
manufacturer the manufacturer's market share allocation for
collection, recycling, and transportation for that year. A
television manufacturer's market share allocation equals the
weight of the television manufacturer's covered television
equipment sold in this state during the preceding calendar year
multiplied by the state recycling rate determined under Subsection
(f).
(h) The commission shall provide to each county and
municipality of this state information regarding the legal disposal
and recycling of covered television equipment. The information
must be provided in writing.
Sec. 361.982. ENFORCEMENT. (a) The commission may conduct
audits and inspections to ensure compliance with this subchapter
and rules adopted under this subchapter.
(b) The commission and the attorney general, as
appropriate, shall enforce this subchapter and, except as provided
by Subsections (d) and (e), take enforcement action against a
television manufacturer, a retailer, or a person who recycles
covered television equipment.
(c) The executive director or the attorney general may
institute a suit under Section 7.032, Water Code, to enjoin an
activity related to the sale of covered television equipment in
violation of this subchapter.
(d) The commission shall issue a warning notice to a person
on the person's first violation of this subchapter. The person must
comply with this subchapter not later than the 60th day after the
date the warning notice is issued.
(e) A retailer who receives a warning notice from the
commission that the retailer's inventory violates this subchapter
because it includes covered television equipment from a television
manufacturer that is not in compliance with this subchapter must
bring the inventory into compliance with this subchapter not later
than the 60th day after the date the warning notice is issued.
Sec. 361.983. FINANCIAL AND PROPRIETARY INFORMATION.
Financial or proprietary information submitted to the commission
under this subchapter is exempt from public disclosure under
Chapter 552, Government Code.
Sec. 361.984. ANNUAL REPORT TO LEGISLATURE. (a) The
commission shall compile information from manufacturers and issue
an electronic report to the committee in each house of the
legislature having primary jurisdiction over environmental matters
not later than March 1 of each year.
(b) The report must include:
(1) collection information provided to the commission
by each manufacturer's annual report required by Section
361.976(b);
(2) a summary of comments that have been received from
stakeholders such as television manufacturers, electronic
equipment recyclers, local governments, and nonprofit
organizations;
(3) a comparison of the amount of television equipment
collected in other states that have television equipment recycling
programs to the amount of television equipment collected in this
state; and
(4) any other information that would assist the
legislature in evaluating the effectiveness of this subchapter.
Sec. 361.985. FEES. (a) Except as provided by Sections
361.976(a) and 361.979(b), this subchapter does not authorize the
commission to impose a fee, including a recycling fee, on a
consumer, television manufacturer, retailer, or person who
recycles covered television equipment.
(b) Fees or costs collected under this subchapter may be
used by the commission only to implement this subchapter.
Sec. 361.986. CONSUMER RESPONSIBILITIES. (a) A consumer
is responsible for any information in any form left on the
consumer's covered television equipment that is collected or
recycled.
(b) A consumer is encouraged to learn about recommended
methods for recycling of covered television equipment that has
reached the end of its useful life by visiting the commission's and
television manufacturers' Internet websites or calling their
toll-free telephone numbers.
Sec. 361.987. MANAGEMENT OF COLLECTED TELEVISION
EQUIPMENT. (a) Covered television equipment collected under this
subchapter must be disposed of or recycled in a manner that complies
with federal, state, and local law.
(b) The commission shall adopt as standards for recycling of
covered television equipment in this state the standards provided
by "Electronics Recycling Operating Practices" as approved by the
board of directors of the Institute of Scrap Recycling Industries,
Inc., April 25, 2006, or other standards from a comparable
nationally recognized organization.
Sec. 361.988. STATE PROCUREMENT REQUIREMENTS. (a) In this
section, "state agency" has the meaning assigned by Section
2052.101, Government Code.
(b) A person who submits a bid for a contract with a state
agency for the purchase or lease of covered television equipment
must be in compliance with this subchapter.
(c) A state agency that purchases or leases covered
television equipment shall require a prospective bidder to certify
the bidder's compliance with this subchapter before the agency may
accept the prospective bidder's bid.
(d) In considering bids for a contract for covered
television equipment, in addition to any other preferences provided
under other laws of this state, the state shall give special
preference to a manufacturer that:
(1) through its recovery plan collects more than its
market share allocation; or
(2) provides collection sites or recycling events in
any county located in a council of governments region in which there
are fewer than six permanent collection sites open at least twice
each month.
(e) The comptroller shall adopt rules to implement this
section.
Sec. 361.989. FEDERAL PREEMPTION; EXPIRATION. (a) If
federal law establishes a national program for the collection and
recycling of covered television equipment and the commission
determines that the federal law substantially meets the purposes of
this subchapter, the commission may adopt an agency statement that
interprets the federal law as preemptive of this subchapter.
(b) This subchapter expires on the date the commission
issues a statement under this section.
SECTION 2. Sections 7.052(b-1) and (b-2), Water Code, are
amended to read as follows:
(b-1) The amount of the penalty assessed against a
manufacturer that does not label its computer equipment or covered
television equipment or adopt and implement a recovery plan as
required by Section 361.955, 361.975, or 361.977, Health and Safety
Code, as applicable, may not exceed $10,000 for the second
violation or $25,000 for each subsequent violation. A penalty
under this subsection is in addition to any other penalty that may
be assessed for a violation of Subchapter Y or Z, Chapter 361,
Health and Safety Code.
(b-2) Except as provided by Subsection (b-1), the amount of
the penalty for a violation of Subchapter Y or Z, Chapter 361,
Health and Safety Code, may not exceed $1,000 for the second
violation or $2,000 for each subsequent violation. A penalty under
this subsection is in addition to any other penalty that may be
assessed for a violation of Subchapter Y or Z, Chapter 361, Health
and Safety Code.
SECTION 3. (a) The Texas Commission on Environmental
Quality shall adopt any rules required to implement this Act not
later than May 1, 2012.
(b) This Act may not be enforced before September 1, 2012.
(c) A report required under Section 361.976, Health and
Safety Code, as added by this Act, is not required to be prepared or
submitted for the first time before the date specified by that
section in 2014.
(d) Notwithstanding Section 361.982, Health and Safety
Code, as added by this Act, a retailer of television equipment may
sell television equipment inventory that the retailer acquired
before the effective date of this Act without incurring a penalty.
(e) A retailer of covered television equipment is not
required to provide the information described by Section
361.978(b), Health and Safety Code, as added by this Act, before the
date on which the Texas Commission on Environmental Quality rules
implementing this Act take effect.
SECTION 4. This Act takes effect September 1, 2011.