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Texas Senate Bill SB329

Texas 2011 - 82nd Regular

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11 82R21143 KJM-F
22 By: Watson, et al. S.B. No. 329
33 (Chisum)
44 Substitute the following for S.B. No. 329: No.
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the sale, recovery, and recycling of certain television
1010 equipment; providing administrative penalties.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Chapter 361, Health and Safety Code, is amended
1313 by adding Subchapter Z to read as follows:
1414 SUBCHAPTER Z. TELEVISION EQUIPMENT RECYCLING PROGRAM
1515 Sec. 361.971. DEFINITIONS. In this subchapter:
1616 (1) "Brand" has the meaning assigned by Section
1717 361.952.
1818 (2) "Consumer" means an individual who uses covered
1919 television equipment that is purchased primarily for personal or
2020 home business use.
2121 (3) "Covered television equipment" means the
2222 following equipment marketed to and intended for consumers:
2323 (A) a direct view or projection television with a
2424 viewable screen of nine inches or larger whose display technology
2525 is based on cathode ray tube, plasma, liquid crystal, digital light
2626 processing, liquid crystal on silicon, silicon crystal reflective
2727 display, light-emitting diode, or similar technology; or
2828 (B) a display device that is peripheral to a
2929 computer that contains a television tuner.
3030 (4) "Market share allocation" means the quantity of
3131 covered television equipment, by weight, that an individual
3232 television manufacturer submitting a recovery plan under Section
3333 361.978 is responsible for collecting, reusing, and recycling, as
3434 computed by the commission under Section 361.984(g).
3535 (5) "Recycling" means any process by which equipment
3636 that would otherwise become solid waste or hazardous waste is
3737 collected, separated, and refurbished for reuse or processed to be
3838 returned to use in the form of raw material or products. The term
3939 does not include incineration.
4040 (6) "Retailer" means a person who owns or operates a
4141 business that sells new covered television equipment by any means
4242 directly to a consumer. The term does not include a person who, in
4343 the ordinary course of business, regularly leases, offers to lease,
4444 or arranges for leasing of merchandise under a rental-purchase
4545 agreement.
4646 (7) "Television" means an electronic device that
4747 contains a tuner that locks onto a selected carrier frequency and is
4848 capable of receiving and displaying video programming from a
4949 broadcast, cable, or satellite source.
5050 (8) "Television manufacturer" means a person that:
5151 (A) manufactures covered television equipment
5252 under a brand the person owns or is licensed to use;
5353 (B) manufactures covered television equipment
5454 without affixing a brand;
5555 (C) resells covered television equipment
5656 produced by other suppliers under a brand the person owns or is
5757 licensed to use;
5858 (D) manufactures covered television equipment,
5959 supplies it to any person within a distribution network that
6060 includes a wholesaler or retailer, and benefits from the sale of the
6161 covered television equipment through that distribution network; or
6262 (E) assumes the responsibilities of a television
6363 manufacturer under this subchapter.
6464 Sec. 361.972. LEGISLATIVE FINDINGS AND PURPOSE. The
6565 purpose of this subchapter is to establish a comprehensive,
6666 convenient, and environmentally sound program for the collection
6767 and recycling of television equipment. The program is based on
6868 individual television manufacturer responsibility and shared
6969 responsibility among consumers, retailers, and the government of
7070 this state.
7171 Sec. 361.973. APPLICABILITY. (a) Except as provided by
7272 this section and Section 361.991, this subchapter applies only to
7373 covered television equipment that is:
7474 (1) offered for sale or sold to a consumer in this
7575 state; or
7676 (2) used by a consumer in this state and returned for
7777 recycling.
7878 (b) This subchapter does not apply to:
7979 (1) computer equipment as that term is defined by
8080 Section 361.952;
8181 (2) a manufacturer of a display device that is
8282 peripheral to a computer and contains a television tuner, if that
8383 manufacturer collects and recycles the device in accordance with
8484 Subchapter Y;
8585 (3) any part of a motor vehicle, including a
8686 replacement part;
8787 (4) a device that is functionally or physically part
8888 of or connected to another system or piece of equipment:
8989 (A) designed and intended for use in an
9090 industrial, governmental, commercial, research and development, or
9191 medical setting, including diagnostic monitoring or control
9292 equipment; or
9393 (B) used for security, sensing, monitoring,
9494 antiterrorism, or emergency services purposes;
9595 (5) a device that is contained in exercise equipment
9696 intended for home use or an appliance intended for home use
9797 including a clothes washer, clothes dryer, refrigerator,
9898 refrigerator and freezer, microwave oven, conventional oven or
9999 range, dishwasher, room air conditioner, dehumidifier, and air
100100 purifier;
101101 (6) a telephone of any type;
102102 (7) a personal digital assistant;
103103 (8) a global positioning system;
104104 (9) a consumer's lease of covered television equipment
105105 or a consumer's use of covered television equipment under a lease
106106 agreement; or
107107 (10) the sale or lease of covered television equipment
108108 to an entity when the television manufacturer and the entity enter
109109 into a contract that effectively addresses the recycling of
110110 equipment that has reached the end of its useful life.
111111 Sec. 361.974. SALES PROHIBITION. A person may not offer for
112112 sale in this state new covered television equipment unless the
113113 equipment has been labeled in compliance with Section 361.975.
114114 Sec. 361.975. MANUFACTURER'S LABELING REQUIREMENT. A
115115 television manufacturer may sell or offer for sale in this state
116116 only covered television equipment that is labeled with the
117117 television manufacturer's brand. The label must be permanently
118118 affixed and readily visible.
119119 Sec. 361.976. MANUFACTURERS' REGISTRATION AND REPORTING.
120120 (a) A television manufacturer of covered television equipment
121121 shall register with the commission and, except as provided by
122122 Section 361.979, pay a registration fee of $2,500. A registered
123123 television manufacturer shall renew the registration and, except as
124124 provided by Section 361.979, pay the fee on or before January 31 of
125125 each year. The registration or registration renewal must include:
126126 (1) a list of all brands the television manufacturer
127127 uses in this state on covered television equipment regardless of
128128 whether the television manufacturer owns or is licensed to use the
129129 brand; and
130130 (2) contact information for the person the commission
131131 may contact regarding the television manufacturer's activities to
132132 comply with this subchapter.
133133 (b) Except as provided by Section 361.979, not later than
134134 January 31 of each year, each registered television manufacturer of
135135 covered television equipment shall report to the commission:
136136 (1) the total weight of covered television equipment
137137 for which the television manufacturer is responsible that was sold
138138 in this state during the preceding calendar year or, if the
139139 manufacturer does not track the weight of covered television
140140 equipment it sells by state, the television manufacturer may report
141141 the total amount of covered television equipment the television
142142 manufacturer sold nationally in the preceding calendar year; and
143143 (2) the total weight of covered television equipment
144144 the television manufacturer collected and recycled in this state
145145 during the preceding calendar year.
146146 (c) Fees collected under this section shall be deposited to
147147 the credit of the television recycling account created under
148148 Section 361.977.
149149 Sec. 361.977. TELEVISION RECYCLING ACCOUNT. (a) The
150150 television recycling account is an account in the general revenue
151151 fund that consists of the:
152152 (1) fees collected under Section 361.976; and
153153 (2) interest earned on the money in the account.
154154 (b) Money in the account may be appropriated only to the
155155 commission to be used by the commission to maintain a public
156156 Internet website and toll-free telephone number that provide
157157 consumers with information about covered television equipment
158158 recycling opportunities in this state.
159159 Sec. 361.978. MANUFACTURER'S RECOVERY PLAN AND RELATED
160160 RESPONSIBILITIES. (a) This section does not apply to a television
161161 manufacturer that participates in a recycling leadership program
162162 described by Section 361.979.
163163 (b) Not later than the first January 31 that occurs after
164164 the date the television manufacturer first registers with the
165165 commission under Section 361.976, each television manufacturer of
166166 covered television equipment sold in this state shall, individually
167167 or as a member of a group of television manufacturers, submit to the
168168 commission a recovery plan to collect, reuse, and recycle covered
169169 television equipment.
170170 (c) An individual television manufacturer that submits a
171171 recovery plan under Subsection (b) shall collect, reuse, and
172172 recycle covered television equipment. Beginning with the
173173 television manufacturer's second year of registration, the
174174 individual television manufacturer shall collect, reuse, and
175175 recycle the quantity of covered television equipment computed by
176176 the commission as the television manufacturer's market share
177177 allocation.
178178 (d) A group of television manufacturers that submits a
179179 recovery plan under Subsection (b) shall collect, reuse, and
180180 recycle covered television equipment. Beginning with the second
181181 year of registration for a group of television manufacturers, the
182182 group of television manufacturers shall collect, reuse, and recycle
183183 a quantity of covered television equipment equal to the sum of the
184184 combined market share allocations of the group's participants.
185185 (e) A recovery plan under Subsection (b) must include at a
186186 minimum:
187187 (1) a statement of whether the television manufacturer
188188 intends to collect and recycle its market share allocation through
189189 operation of its plan, individually or in partnership with other
190190 television manufacturers;
191191 (2) beginning with the television manufacturer's
192192 second year of registration, the total weight of covered television
193193 equipment collected, reused, and recycled by or on behalf of the
194194 television manufacturer during the preceding year; and
195195 (3) collection methods that allow a consumer to
196196 recycle covered television equipment without paying a separate fee
197197 at the time of recycling.
198198 (f) The commission shall review the recovery plan for
199199 satisfaction of the requirements of this subchapter. If the
200200 registration and recovery plan are complete, the commission shall
201201 include the television manufacturer on the commission's Internet
202202 website listing as provided by Section 361.984(a). The commission
203203 may reject the recovery plan if it does not meet all requirements of
204204 this subchapter.
205205 Sec. 361.979. MANUFACTURER RECYCLING LEADERSHIP PROGRAM.
206206 (a) A group of television manufacturers may establish a recycling
207207 leadership program to provide collection, transportation, and
208208 recycling infrastructure for covered television equipment in this
209209 state.
210210 (b) A recycling leadership program must provide at least 200
211211 individual collection sites or programs in this state in a manner
212212 described by Subsection (d) where a consumer may return covered
213213 television equipment for reuse or recycling.
214214 (c) A television manufacturer may not charge a separate fee
215215 at the time of recycling under this section unless at the time of
216216 recycling a financial incentive of equal or greater value to the fee
217217 charged is provided by the television manufacturer.
218218 (d) Collection methods that may be used by a recycling
219219 leadership program under Subsection (b) for recycling of covered
220220 television equipment include:
221221 (1) a system by which the television manufacturer, an
222222 entity designated by the television manufacturer, or another
223223 private or public sector entity associated with the television
224224 manufacturer offers a consumer a physical collection site to return
225225 covered television equipment;
226226 (2) a system by which the television manufacturer, an
227227 entity designated by the television manufacturer, or another
228228 private or public sector entity associated with the television
229229 manufacturer offers the consumer a method for returning covered
230230 television equipment by mail; and
231231 (3) a system by which the television manufacturer, an
232232 entity designated by the television manufacturer, or another
233233 private or public sector entity associated with the television
234234 manufacturer holds a collection event where the consumer may return
235235 covered television equipment.
236236 (e) A television manufacturer of covered television
237237 equipment sold in this state that is participating in a recycling
238238 leadership program for covered television equipment as of January 1
239239 of any year is not subject during that year to:
240240 (1) the registration fees and renewal fees required by
241241 Section 361.976(a); and
242242 (2) the reporting requirements of Section 361.976(b).
243243 (f) Not later than January 31 of each year, each recycling
244244 leadership program must provide to the commission a list of the
245245 television manufacturers participating in the program for that
246246 year.
247247 (g) A television manufacturer of covered television
248248 equipment that is sold in this state that participates in a
249249 recycling leadership program shall individually or through the
250250 recycling leadership program establish and implement a public
251251 education program regarding collection, reuse, and recycling
252252 opportunities that exist in this state for covered television
253253 equipment. The public education program must:
254254 (1) inform consumers about the collection, reuse, and
255255 recycling opportunities for covered television equipment available
256256 in this state;
257257 (2) work with the commission and other interested
258258 parties to develop educational materials that inform consumers
259259 about collection, reuse, and recycling opportunities available in
260260 this state;
261261 (3) use television manufacturer-developed customer
262262 outreach materials, such as packaging inserts, television
263263 manufacturers' Internet websites, and other communication methods,
264264 to inform consumers about collection, reuse, and recycling
265265 opportunities for covered television equipment available in this
266266 state; and
267267 (4) use television manufacturer-developed customer
268268 outreach materials to provide rural communities with a centralized
269269 Internet-based information center that provides information for
270270 those communities about:
271271 (A) best practices for collection, reuse, and
272272 recycling of covered television equipment; and
273273 (B) collection events and other recycling
274274 opportunities in those communities and surrounding areas.
275275 Sec. 361.980. RECYCLING LEADERSHIP PROGRAM COLLECTION
276276 REPORT. (a) Not later than January 31 of every other year
277277 beginning with the television manufacturer's second year of
278278 registration, a television manufacturer of covered television
279279 equipment sold in this state that is participating in a recycling
280280 leadership program under Section 361.979 shall, individually or as
281281 a member of the recycling leadership program, submit to the
282282 commission a collection report regarding the television
283283 manufacturer's collection, reuse, and recycling of covered
284284 television equipment.
285285 (b) The collection report must include:
286286 (1) an inventory of covered television equipment
287287 collection, reuse, and recycling opportunities that are currently
288288 available to consumers through the individual television
289289 manufacturer or the recycling leadership program in this state;
290290 (2) documentation of collection opportunities
291291 available to consumers in counties with populations of less than
292292 50,000, including an analysis of the number of collection sites
293293 available to consumers in those counties compared to the number of
294294 opportunities available to consumers in those counties to purchase
295295 new covered television equipment;
296296 (3) the amount by weight of the covered television
297297 equipment that the individual television manufacturer or the
298298 recycling leadership program collected in the two preceding years;
299299 and
300300 (4) documentation that the collection, reuse, and
301301 recycling of the collected covered television equipment complies
302302 with Section 361.990.
303303 (c) The inventory of covered television equipment
304304 collection, reuse, and recycling opportunities required by
305305 Subsection (b)(1) may be submitted in the form of a map noting the
306306 location of the opportunities.
307307 (d) The collection report may include a listing of other
308308 existing collection and recycling infrastructure for covered
309309 television equipment not associated with the recycling leadership
310310 program, including electronic recyclers and repair shops,
311311 recyclers of other appropriate commodities, reuse organizations,
312312 not-for-profit corporations, retailers, and other suitable
313313 operations, including local government collection events, if
314314 available.
315315 Sec. 361.981. RETAILER RESPONSIBILITY. (a) A retailer may
316316 order and sell only products from a television manufacturer that is
317317 included on the list published under Section 361.984(a). A
318318 retailer shall consult that list before ordering covered television
319319 equipment in this state. A retailer is considered to have complied
320320 with this subsection and may sell a product in the retailer's
321321 inventory if, on the date the product was ordered from the
322322 television manufacturer, the television manufacturer was listed on
323323 the Internet website described by Section 361.984(a).
324324 (b) A person who is a retailer of covered television
325325 equipment shall provide to consumers in writing the information
326326 published by the commission regarding the legal disposition and
327327 recycling of television equipment. The information may be included
328328 with the sales receipt or as part of the packaging of the equipment.
329329 Alternatively, the retailer may provide the information required by
330330 this subsection through a toll-free telephone number and address of
331331 an Internet website provided to consumers.
332332 (c) This subchapter does not require a retailer to collect
333333 covered television equipment for recycling.
334334 Sec. 361.982. RECYCLER RESPONSIBILITIES. (a) This section
335335 does not apply to a television manufacturer.
336336 (b) A person who is engaged in the business of recycling
337337 covered television equipment in this state shall:
338338 (1) register with the commission and certify that the
339339 person is in compliance with the standards adopted under Section
340340 361.990;
341341 (2) on or before January 31 of each year renew the
342342 registration with the commission and certify the person's continued
343343 compliance with the standards adopted under Section 361.990;
344344 (3) recycle all covered television equipment accepted
345345 for recycling in accordance with the standards adopted under
346346 Section 361.990;
347347 (4) maintain a written log recording the weight of all
348348 covered television equipment received by the person and the
349349 disposition of that equipment; and
350350 (5) annually report to the commission the total weight
351351 of covered television equipment received and recycled by the person
352352 in the preceding 12 months.
353353 Sec. 361.983. LIABILITY. (a) A television manufacturer,
354354 retailer, or person who recycles covered television equipment is
355355 not liable in any way for information in any form that a consumer
356356 leaves on covered television equipment that is collected or
357357 recycled under this subchapter.
358358 (b) This subchapter does not exempt a person from liability
359359 under other law.
360360 Sec. 361.984. COMMISSION RESPONSIBILITIES. (a) The
361361 commission shall publish on a publicly accessible Internet website
362362 a list of television manufacturers:
363363 (1) whose recovery plans have been approved by the
364364 commission;
365365 (2) whose public education programs are in full
366366 compliance with this subchapter; and
367367 (3) who are in compliance with the registration and
368368 fee requirements of this subchapter, if applicable.
369369 (b) The commission shall remove television manufacturers no
370370 longer in compliance under Subsection (a) from the Internet website
371371 once each fiscal quarter.
372372 (c) The commission shall educate consumers regarding the
373373 collection and recycling of covered television equipment.
374374 (d) The commission shall host or designate another person to
375375 host an Internet website and shall provide a toll-free telephone
376376 number to provide consumers with information about the recycling of
377377 covered television equipment, including best management practices
378378 and information about or links to information about:
379379 (1) television manufacturers' collection and
380380 recycling programs, including television manufacturers' recovery
381381 plans; and
382382 (2) covered television equipment collection events,
383383 collection sites, and community television equipment recycling
384384 programs.
385385 (e) Information about collection and recycling provided on
386386 a television manufacturer's publicly available Internet website
387387 and through a toll-free telephone number does not constitute a
388388 determination by the commission that the television manufacturer's
389389 recovery plan or actual practices are in compliance with this
390390 subchapter or other law.
391391 (f) Not later than November 1 of each year, the commission
392392 shall establish the state recycling rate by computing the ratio of
393393 the weight of total returns of covered television equipment in this
394394 state by television manufacturers submitting a recovery plan under
395395 Section 361.978 to the total weight of covered television equipment
396396 sold in this state by television manufacturers submitting a
397397 recovery plan under Section 361.978 during the preceding year.
398398 (g) Not later than December 1 of each year, the commission
399399 shall compute and provide to each registered television
400400 manufacturer submitting a recovery plan under Section 361.978 the
401401 television manufacturer's market share allocation for collection,
402402 reuse, and recycling for that year. A television manufacturer's
403403 market share allocation equals the weight of the television
404404 manufacturer's covered television equipment sold in this state
405405 during the preceding calendar year multiplied by the state
406406 recycling rate determined under Subsection (f).
407407 (h) In any year in which more than one recycling leadership
408408 program is implemented under Section 361.979, the commission shall
409409 review all active recycling leadership programs established under
410410 this subchapter to ensure the programs are operating in a manner
411411 consistent with the goals of this subchapter, including a balanced
412412 recycling effort. Based on the commission's review, the commission
413413 may make recommendations to the legislature on ways to improve the
414414 balance of the recycling effort.
415415 (i) The commission shall provide to each county and
416416 municipality of this state information regarding the legal disposal
417417 and recycling of covered television equipment. The information
418418 must be provided in writing.
419419 Sec. 361.985. ENFORCEMENT. (a) The commission may conduct
420420 audits and inspections to ensure compliance with this subchapter
421421 and rules adopted under this subchapter.
422422 (b) The commission and the attorney general, as
423423 appropriate, shall enforce this subchapter and, except as provided
424424 by Subsections (d) and (e), take enforcement action against a
425425 television manufacturer, a retailer, or a person who recycles
426426 covered television equipment.
427427 (c) The executive director or the attorney general may
428428 institute a suit under Section 7.032, Water Code, to enjoin an
429429 activity related to the sale of covered television equipment in
430430 violation of this subchapter.
431431 (d) The commission shall issue a warning notice to a person
432432 on the person's first violation of this subchapter. The person must
433433 comply with this subchapter not later than the 60th day after the
434434 date the warning notice is issued.
435435 (e) A retailer who receives a warning notice from the
436436 commission that the retailer's inventory violates this subchapter
437437 because it includes covered television equipment from a television
438438 manufacturer that is not in compliance with this subchapter must
439439 bring the inventory into compliance with this subchapter not later
440440 than the 60th day after the date the warning notice is issued.
441441 Sec. 361.986. FINANCIAL AND PROPRIETARY INFORMATION.
442442 Financial or proprietary information submitted to the commission
443443 under this subchapter is exempt from public disclosure under
444444 Chapter 552, Government Code.
445445 Sec. 361.987. BIENNIAL REPORT TO LEGISLATURE. (a) The
446446 commission shall compile information from television manufacturers
447447 and issue an electronic report to the committee in each house of the
448448 legislature having primary jurisdiction over environmental matters
449449 not later than March 1 of each even-numbered year.
450450 (b) The report must include:
451451 (1) collection information provided to the commission
452452 by each television manufacturer's report required by Section
453453 361.976(b) or 361.980(a), as applicable;
454454 (2) a summary of comments that have been received from
455455 stakeholders such as television manufacturers, electronic
456456 equipment recyclers, local governments, and nonprofit
457457 organizations;
458458 (3) any recommendations under Section 361.984(h); and
459459 (4) any other information that would assist the
460460 legislature in evaluating the effectiveness of this subchapter.
461461 Sec. 361.988. FEES. (a) Except as provided by Section
462462 361.976(a), this subchapter does not authorize the commission to
463463 impose a fee, including a recycling fee, on a consumer, television
464464 manufacturer, retailer, or person who recycles covered television
465465 equipment.
466466 (b) Fees or costs collected under this subchapter may be
467467 used by the commission only to implement this subchapter.
468468 Sec. 361.989. CONSUMER RESPONSIBILITIES. (a) A consumer
469469 is responsible for any information in any form left on the
470470 consumer's covered television equipment that is collected or
471471 recycled.
472472 (b) A consumer is encouraged to learn about recommended
473473 methods for recycling covered television equipment that has reached
474474 the end of its useful life by visiting the commission's and
475475 television manufacturers' Internet websites or calling their
476476 toll-free telephone numbers.
477477 Sec. 361.990. MANAGEMENT OF COLLECTED TELEVISION
478478 EQUIPMENT. (a) Covered television equipment collected under this
479479 subchapter must be disposed of or recycled in a manner that complies
480480 with federal, state, and local law.
481481 (b) The commission shall adopt as standards for recycling or
482482 reuse of covered television equipment in this state the standards
483483 provided by "Electronics Recycling Operating Practices" as
484484 approved by the board of directors of the Institute of Scrap
485485 Recycling Industries, Inc., April 25, 2006, or other standards from
486486 a comparable nationally recognized organization.
487487 Sec. 361.991. STATE PROCUREMENT REQUIREMENTS. (a) In this
488488 section, "state agency" has the meaning assigned by Section
489489 2052.101, Government Code.
490490 (b) A person who submits a bid for a contract with a state
491491 agency for the purchase or lease of covered television equipment
492492 must be in compliance with this subchapter.
493493 (c) A state agency that purchases or leases covered
494494 television equipment shall require a prospective bidder to certify
495495 the bidder's compliance with this subchapter before the agency may
496496 accept the prospective bidder's bid.
497497 (d) In considering bids for a contract for covered
498498 television equipment, in addition to any other preferences provided
499499 under other laws of this state, the state shall give special
500500 preference to a television manufacturer that:
501501 (1) through its recovery plan collects more than its
502502 market share allocation; or
503503 (2) provides collection sites or recycling events in
504504 any county located in a council of governments region in which there
505505 are fewer than six permanent collection sites open at least twice
506506 each month.
507507 (e) The comptroller shall adopt rules to implement this
508508 section.
509509 Sec. 361.992. FEDERAL PREEMPTION; EXPIRATION. (a) If
510510 federal law establishes a national program for the collection and
511511 recycling of covered television equipment and the commission
512512 determines that the federal law substantially meets the purposes of
513513 this subchapter, the commission may adopt an agency statement that
514514 interprets the federal law as preemptive of this subchapter.
515515 (b) This subchapter expires on the date the commission
516516 issues a statement under this section.
517517 SECTION 2. Sections 7.052(b-1) and (b-2), Water Code, are
518518 amended to read as follows:
519519 (b-1) The amount of the penalty assessed against a
520520 manufacturer that does not label its computer equipment or covered
521521 television equipment or adopt and implement a recovery plan as
522522 required by Section 361.955, 361.975, or 361.978, Health and Safety
523523 Code, as applicable, may not exceed $10,000 for the second
524524 violation or $25,000 for each subsequent violation. A penalty
525525 under this subsection is in addition to any other penalty that may
526526 be assessed for a violation of Subchapter Y or Z, Chapter 361,
527527 Health and Safety Code.
528528 (b-2) Except as provided by Subsection (b-1), the amount of
529529 the penalty for a violation of Subchapter Y or Z, Chapter 361,
530530 Health and Safety Code, may not exceed $1,000 for the second
531531 violation or $2,000 for each subsequent violation. A penalty under
532532 this subsection is in addition to any other penalty that may be
533533 assessed for a violation of Subchapter Y or Z, Chapter 361, Health
534534 and Safety Code.
535535 SECTION 3. (a) The Texas Commission on Environmental
536536 Quality shall adopt any rules required to implement this Act not
537537 later than May 1, 2012.
538538 (b) This Act may not be enforced before July 1, 2012.
539539 (c) A report required under Section 361.976, Health and
540540 Safety Code, as added by this Act, is not required to be prepared or
541541 submitted for the first time before January 31, 2013.
542542 (d) A recovery plan required under Section 361.978, Health
543543 and Safety Code, as added by this Act, is not required to be
544544 prepared and submitted before January 31, 2013.
545545 (e) A collection report required under Section 361.980,
546546 Health and Safety Code, as added by this Act, is not required to be
547547 prepared and submitted for the first time before January 31, 2015.
548548 (f) A retailer of covered television equipment is not
549549 required to provide the information described by Section
550550 361.981(b), Health and Safety Code, as added by this Act, before the
551551 date on which the Texas Commission on Environmental Quality rules
552552 implementing this Act take effect.
553553 (g) Not later than April 1, 2013, the Texas Commission on
554554 Environmental Quality shall prepare and post for the first time the
555555 list required under Section 361.984(a), Health and Safety Code, as
556556 added by this Act.
557557 (h) Not later than November 1, 2013, the Texas Commission on
558558 Environmental Quality shall establish for the first time the state
559559 recycling rate required under Section 361.984(f).
560560 (i) Not later than December 1, 2013, the Texas Commission on
561561 Environmental Quality shall provide for the first time to each
562562 applicable television manufacturer the television manufacturer's
563563 market share allocation as required under Section 361.984(g).
564564 (j) Notwithstanding Section 361.985, Health and Safety
565565 Code, as added by this Act, a retailer of television equipment may
566566 sell television equipment inventory that the retailer acquired
567567 before September 1, 2012, without incurring a penalty.
568568 (k) The Texas Commission on Environmental Quality is not
569569 required to prepare or submit for the first time the report required
570570 under Section 361.987, Health and Safety Code, as added by this Act,
571571 before March 1, 2014.
572572 SECTION 4. This Act takes effect September 1, 2011.