83R12425 JRR-D
By: Bohac H.B. No. 3466
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of international shipments of electronic
waste.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.954, Health and Safety Code, is
amended to read as follows:
Sec. 361.954. APPLICABILITY. (a) Except as provided by
Section 361.9553, the [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 do not
impose any obligation on an owner or operator of a solid waste
facility.
(b) Except as provided by Section 361.9553, this [This]
subchapter does not apply to:
(1) a television, any part of a motor vehicle, a
personal digital assistant, or a telephone;
(2) a consumer's lease of computer equipment or a
consumer's use of computer equipment under a lease agreement; or
(3) the sale or lease of computer equipment to an
entity when the manufacturer and the entity enter into a contract
that effectively addresses the collection, recycling, and reuse of
computer equipment that has reached the end of its useful life.
SECTION 2. Subchapter Y, Chapter 361, Health and Safety
Code, is amended by adding Section 361.9553 to read as follows:
Sec. 361.9553. REPORTS ON INTERNATIONAL SHIPMENTS OF
ELECTRONIC WASTE. (a) A business entity that operates in this state
and ships for recycling, reuse, or disposal any sort of electronic
parts or electronic equipment from this state to an ultimate
destination that is located outside the United States shall provide
an annual report to the commission. The report must include:
(1) the business entity's name, address, and telephone
number;
(2) the name of the chief executive officer or chief
financial officer of the business entity;
(3) the type and amount of each shipment of electronic
parts or electronic equipment transported;
(4) the date of each shipment's debarkation; and
(5) each shipment's destination country.
(b) The commission shall make the report's information
publicly available on the commission's website in a timely manner.
(c) The commission may adopt rules to implement this
section. The rules may provide for exemptions from compliance with
this section for shipments made for humanitarian reasons or for de
minimis shipments.
SECTION 3. (a) Section 361.9553, Health and Safety Code, as
added by this Act, applies only to a shipment made on or after the
effective date of this Act. A shipment made before that date is
subject to the law in effect on the date the shipment was made, and
that law is continued in effect for that purpose.
(b) The first report required by Section 361.9553, Health
and Safety Code, as added by this Act, must cover the period
beginning on the effective date of this Act and ending on December
31, 2013, and must be submitted to the Texas Commission on
Environmental Quality not later than January 15, 2014.
SECTION 4. This Act takes effect September 1, 2013.