83R5307 JRR-F
By: M. Gonzalez of El Paso H.B. No. 1346
A BILL TO BE ENTITLED
AN ACT
relating to the collection and recycling of computer and television
equipment by certain retailers; providing for the imposition of
administrative penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.952, Health and Safety Code, is
amended by adding Subdivisions (3-a) and (4-a) to read as follows:
(3-a) "Large retailer" means a retailer that:
(A) has annual sales of $5 million or more, not
including motor fuel, as defined by Section 162.001, Tax Code; and
(B) has over 75,000 square feet of retail space
that generates sales or use tax.
(4-a) "Retailer" means a person who owns or operates a
business that sells computer equipment by any means directly to a
consumer. The term does not include a person who, in the ordinary
course of business, regularly leases, offers to lease, or arranges
for leasing of merchandise under a rental-purchase agreement.
SECTION 2. Section 361.956, Health and Safety Code, is
amended by adding Subsection (a-1) and amending Subsection (c) to
read as follows:
(a-1) A large retailer may not sell or offer to sell new
computer equipment in this state unless the retailer complies with
Section 361.9565.
(c) Except as provided by Section 361.9565, a [A] retailer
is not required to collect computer equipment for recycling or
reuse under this subchapter.
SECTION 3. Subchapter Y, Chapter 361, Health and Safety
Code, is amended by adding Section 361.9565 to read as follows:
Sec. 361.9565. LARGE RETAILER RESPONSIBILITY. (a) A large
retailer shall:
(1) without charge:
(A) accept at the retailer's location during
normal business hours computer equipment from a consumer; or
(B) provide a consumer with a system by which the
consumer may send computer equipment by mail to the retailer or
another entity that will recycle or reuse the computer equipment in
a manner that complies with Section 361.964;
(2) make readily available at the retailer's location
and on its website, if applicable, information about the collection
and recycling of computer equipment under this chapter; and
(3) ensure that all computer equipment collected under
this section is recycled, reused, or disposed of in a manner that
complies with Section 361.964.
(b) A large retailer that accepts computer equipment at the
retailer's location under Subsection (a)(1) shall post at the
retailer's location prominent, easily visible signs that provide
information about the collection and recycling of computer
equipment and indicate that computer equipment is accepted by the
retailer at that location. The signs may state the retailer's
normal business hours and include a statement that computer
equipment is accepted only during those hours.
(c) A large retailer may enter into an agreement with a
manufacturer or group of manufacturers of computer equipment to
satisfy the requirements of Subsection (a)(3).
SECTION 4. Section 361.971, Health and Safety Code, is
amended by adding Subdivision (3-a) to read as follows:
(3-a) "Large retailer" means a retailer that:
(A) has annual sales of $5 million or more, not
including motor fuel, as defined by Section 162.001, Tax Code; and
(B) has over 75,000 square feet of retail space
that generates sales or use tax.
SECTION 5. Section 361.974, Health and Safety Code, is
amended to read as follows:
Sec. 361.974. SALES PROHIBITION. (a) 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.
(b) A large retailer may not sell or offer to sell covered
television equipment in this state unless the retailer complies
with Section 361.9815.
SECTION 6. Section 361.981(c), Health and Safety Code, is
amended to read as follows:
(c) Except as provided by Section 361.9815, this [This]
subchapter does not require a retailer to collect covered
television equipment for recycling.
SECTION 7. Subchapter Z, Chapter 361, Health and Safety
Code, is amended by adding Section 361.9815 to read as follows:
Sec. 361.9815. LARGE RETAILER RESPONSIBILITY. (a) A large
retailer shall:
(1) without charge:
(A) accept at the retailer's location during
normal business hours covered television equipment from a consumer;
or
(B) provide a consumer with a system by which the
consumer may send covered television equipment to the retailer or
another entity that will dispose of or recycle the equipment in a
manner that complies with Section 361.990;
(2) make readily available at the retailer's location
and on its website, if applicable, information about the collection
and recycling of covered television equipment under this chapter;
and
(3) ensure that all covered television equipment
collected under this section is disposed of or recycled in a manner
that complies with Section 361.990.
(b) A large retailer that accepts covered television
equipment at the retailer's location under Subsection (a)(1) shall
post at the retailer's location prominent, easily visible signs
that provide information about the collection and recycling of
covered television equipment and indicate that covered television
equipment is accepted by the retailer at that location. The signs
may state the retailer's normal business hours and include a
statement that covered television equipment is accepted only during
those hours.
(c) A large retailer may enter into an agreement with
manufacturers of covered television equipment to satisfy the
requirements of Subsection (a)(3).
SECTION 8. (a) The Texas Commission on Environmental
Quality shall adopt any rules required to implement this Act not
later than May 1, 2014.
(b) The changes in law made to Subchapters Y and Z, Chapter
361, Health and Safety Code, by this Act may not be enforced before
September 1, 2014.
SECTION 9. This Act takes effect September 1, 2013.