Texas 2013 - 83rd Regular

Texas House Bill HB648 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	83R21222 JRR-D
2	2	By: Farias, Farrar H.B. No. 648
3	3	Substitute the following for H.B. No. 648:
4	4	By: Turner of Tarrant C.S.H.B. No. 648
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to notice and information provided by a municipal solid
10	10	waste facility and a commercial transporter of solid waste
11	11	regarding recycling programs for certain electronic waste.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 361.954(a), Health and Safety Code, is
14	14	amended to read as follows:
15	15	(a) The collection, recycling, and reuse provisions of this
16	16	subchapter apply to computer equipment used and returned to the
17	17	manufacturer by a consumer in this state and, except as provided by
18	18	Section 361.967, do not impose any obligation on an owner or
19	19	operator of a solid waste facility or a transporter of solid waste.
20	20	SECTION 2. Section 361.966, Health and Safety Code, is
21	21	amended to read as follows:
22	22	Sec. 361.966. FEDERAL PREEMPTION; EXPIRATION. (a) If
23	23	federal law establishes a national program for the collection and
24	24	recycling of computer equipment and the commission determines that
25	25	the federal law substantially meets the purposes of Sections
26	26	361.952 through 361.965 [this subchapter], the commission may adopt
27	27	an agency statement that interprets the federal law as preemptive
28	28	of those sections [this subchapter].
29	29	(b) Sections 361.952 through 361.965 expire [This
30	30	subchapter expires] on the date the commission issues a statement
31	31	under this section.
32	32	SECTION 3. Subchapter Y, Chapter 361, Health and Safety
33	33	Code, is amended by adding Section 361.967 to read as follows:
34	34	Sec. 361.967. NOTICE AND INFORMATION PROVIDED TO CONSUMER
35	35	BY MUNICIPAL SOLID WASTE FACILITY AND COMMERCIAL TRANSPORTER. (a)
36	36	In this section, "electronic waste" means computer equipment that
37	37	is eligible for collection under a manufacturer's recovery plan
38	38	adopted under Section 361.955.
39	39	(b) An owner or operator of a municipal solid waste landfill
40	40	or a municipal solid waste incinerator shall post in a conspicuous
41	41	location at the landfill or incinerator a sign that encourages
42	42	consumers to recycle electronic waste. An owner or operator is not
43	43	liable for electronic waste collected at the landfill or
44	44	incinerator and is not required to remove electronic waste
45	45	collected. An owner or operator is not in violation of this
46	46	subsection if the owner or operator has made a good faith effort to
47	47	comply with this subsection.
48	48	(c) A commercial transporter of solid waste who transports
49	49	waste to a municipal solid waste landfill or a municipal solid waste
50	50	incinerator shall provide each person who has contracted directly
51	51	with the transporter for the transportation of solid waste an
52	52	informational insert that encourages consumers to recycle
53	53	electronic waste. A commercial transporter must provide the insert
54	54	to each person at least once each year. A commercial transporter is
55	55	not liable for electronic waste carried by the transporter and is
56	56	not required to remove electronic waste collected. A commercial
57	57	transporter is not in violation of this subsection if the
58	58	commercial transporter has made a good faith effort to comply with
59	59	this subsection. This subsection expires December 31, 2015.
60	60	(d) The commission by rule shall develop the sign and
61	61	informational insert required by this section. The sign and insert
62	62	must include information relating to recycling programs for
63	63	electronic waste and the commission's Internet website.
64	64	SECTION 4. Section 361.973(a), Health and Safety Code, is
65	65	amended to read as follows:
66	66	(a) Except as provided by this section and Sections
67	67	[Section] 361.991 and 361.993, this subchapter applies only to
68	68	covered television equipment that is:
69	69	(1) offered for sale or sold to a consumer in this
70	70	state; or
71	71	(2) used by a consumer in this state and returned for
72	72	recycling.
73	73	SECTION 5. Subchapter Z, Chapter 361, Health and Safety
74	74	Code, is amended by adding Section 361.993 to read as follows:
75	75	Sec. 361.993. NOTICE AND INFORMATION PROVIDED TO CONSUMER
76	76	BY MUNICIPAL SOLID WASTE FACILITY AND COMMERCIAL TRANSPORTER. (a)
77	77	In this section, "electronic waste" means covered television
78	78	equipment that is eligible for collection under:
79	79	(1) a manufacturer's recovery plan adopted under
80	80	Section 361.978; or
81	81	(2) a manufacturer recycling leadership program
82	82	established under Section 361.979.
83	83	(b) An owner or operator of a municipal solid waste landfill
84	84	or a municipal solid waste incinerator shall post in a conspicuous
85	85	location at the landfill or incinerator a sign that encourages
86	86	consumers to recycle electronic waste. An owner or operator is not
87	87	liable for electronic waste collected at the landfill or
88	88	incinerator and is not required to remove electronic waste
89	89	collected. An owner or operator is not in violation of this
90	90	subsection if the owner or operator has made a good faith effort to
91	91	comply with this subsection.
92	92	(c) A commercial transporter of solid waste who transports
93	93	waste to a municipal solid waste landfill or a municipal solid waste
94	94	incinerator shall provide each person who has contracted directly
95	95	with the transporter for the transportation of solid waste an
96	96	informational insert that encourages consumers to recycle
97	97	electronic waste. A commercial transporter must provide the insert
98	98	to each person at least once each year. A commercial transporter is
99	99	not liable for electronic waste carried by the transporter and is
100	100	not required to remove electronic waste collected. A commercial
101	101	transporter is not in violation of this subsection if the
102	102	commercial transporter has made a good faith effort to comply with
103	103	this subsection. This subsection expires December 31, 2015.
104	104	(d) The commission by rule shall develop the sign and
105	105	informational insert required by this section. The sign and insert
106	106	must include information relating to recycling programs for
107	107	electronic waste and the commission's Internet website.
108	108	SECTION 6. (a) The Texas Commission on Environmental
109	109	Quality shall adopt rules to implement this Act not later than
110	110	December 31, 2013.
111	111	(b) Sections 361.967 and 361.993, Health and Safety Code, as
112	112	added by this Act, apply to an owner or operator of a municipal
113	113	solid waste landfill or incinerator and a transporter of solid
114	114	waste who transports waste to a municipal solid waste landfill or
115	115	incinerator beginning on the effective date of rules adopted by the
116	116	Texas Commission on Environmental Quality under Subsection (a) of
117	117	this section.
118	118	SECTION 7. This Act takes effect immediately if it receives
119	119	a vote of two-thirds of all the members elected to each house, as
120	120	provided by Section 39, Article III, Texas Constitution. If this
121	121	Act does not receive the vote necessary for immediate effect, this
122	122	Act takes effect September 1, 2013.