By: Rodriguez, et al. S.B. No. 459
(In the Senate - Filed February 8, 2013; February 13, 2013,
read first time and referred to Committee on Transportation;
April 8, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 8, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 459 By: Paxton
A BILL TO BE ENTITLED
AN ACT
relating to the sale, storage, transportation, and disposal of
scrap, unsafe, or used tires; providing a civil penalty; creating
an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Business & Commerce Code, is amended by
adding Chapter 205 to read as follows:
CHAPTER 205. SALE AND TRANSPORTATION OF SCRAP, UNSAFE, OR USED
TIRES
Sec. 205.001. DEFINITIONS. In this chapter:
(1) "Scrap tire" and "used tire" have the meanings
assigned to those terms by Section 361.1121, Health and Safety
Code.
(2) "Unsafe tire" has the meaning assigned by Section
547.201(c), Transportation Code.
Sec. 205.002. RETENTION AND DISPOSAL OF SCRAP OR UNSAFE
TIRES. (a) Except as provided by Subsection (c), a retail seller
shall prohibit a customer from retaining a scrap tire or an unsafe
tire removed from the customer's vehicle during the purchase of a
tire.
(b) A retail seller who takes possession of a scrap tire or
unsafe tire from a customer during a transaction described by
Subsection (a) shall dispose of the scrap tire or unsafe tire
according to local and state laws, including Section 361.112(c),
Health and Safety Code.
(c) A retail seller is not required to prohibit a customer
from retaining a scrap tire or unsafe tire removed from the
customer's vehicle during the purchase of a tire if the customer
certifies on a form prescribed by the Texas Commission on
Environmental Quality that:
(1) the tire will be used in the customer's
agricultural business; and
(2) the customer assumes liability for the tire.
(d) The Texas Commission on Environmental Quality shall
develop the form described by Subsection (c) and shall make that
form available on the commission's Internet website.
Sec. 205.003. TRANSPORTATION OF SCRAP, UNSAFE, OR USED
TIRES. A retail seller of tires may contract for the transportation
of scrap tires, unsafe tires, or used tires only with a scrap tire
transporter or used tire transporter who:
(1) is registered as described by Section 361.1121(b),
Health and Safety Code; and
(2) has filed evidence of financial assurance
according to Section 361.1121(d), Health and Safety Code.
Sec. 205.004. CIVIL PENALTY. (a) A person who violates
this chapter is subject to a civil penalty in an amount not less
than $500 for each violation. A separate penalty may be imposed for
each day a violation occurs.
(b) The attorney general or the appropriate district or
county attorney may bring an action against a person under this
section in the name of the state in a district court in the county in
which:
(1) the person resides; or
(2) the person's principal place of business is
located.
SECTION 2. The heading to Section 361.112, Health and
Safety Code, is amended to read as follows:
Sec. 361.112. STORAGE[, TRANSPORTATION,] AND DISPOSAL OF
USED OR SCRAP TIRES.
SECTION 3. Section 361.112, Health and Safety Code, is
amended by adding Subsection (n) to read as follows:
(n) A scrap tire generator or used tire generator, including
a tire dealer, junkyard, or fleet operator, who stores scrap tires
or used tires outdoors on its business premises shall store the
scrap tires or used tires in a manner that may be made secure by
locking.
SECTION 4. Subchapter C, Chapter 361, Health and Safety
Code, is amended by adding Section 361.1121 to read as follows:
Sec. 361.1121. SCRAP AND USED TIRE TRANSPORTERS. (a) In
this section:
(1) "Scrap tire" means a tire that can no longer be
used for its original intended purpose.
(2) "Scrap tire transporter" means a person who
collects scrap tires from another person for the purpose of removal
to a scrap tire processor, end user, or disposal facility.
(3) "Used tire" means a tire that:
(A) has been used as a tire on a vehicle;
(B) has tire tread at least one-sixteenth inch
deep; and
(C) can still be used for its original intended
purpose.
(4) "Used tire transporter" means a person who
collects used tires from another person for the purpose of removal
to a scrap tire processor, end user, or disposal facility.
(b) A scrap tire transporter or used tire transporter shall
register with the commission unless the scrap tire transporter or
used tire transporter is:
(1) a retreader who transports retreadable casings; or
(2) a person who transports scrap tires or used tires
that are intended for use in that person's agricultural business
and who does not transport at one time a number of scrap tires or
used tires that exceeds a number determined by commission rule.
(c) A scrap tire transporter or used tire transporter who is
required to register with the commission shall:
(1) obtain a surety bond from a surety company
authorized to transact business in this state;
(2) establish a trust account; or
(3) obtain an irrevocable letter of credit.
(d) The bond, trust account, or irrevocable letter of credit
described by Subsection (c) must be:
(1) filed with the commission;
(2) in an amount of $100,000 or more; and
(3) in favor of this state.
(e) Money that the commission receives from a bond, trust
account, or letter of credit obtained to meet the requirements of
Subsection (c) may be used for the cleanup of abandoned tire storage
sites.
(f) The commission shall require a scrap tire transporter or
used tire transporter to maintain records and use a manifest or
other appropriate system to assure that tires are transported to a
storage site that is registered or to a site or facility authorized
by the commission.
SECTION 5. Section 547.201, Transportation Code, is amended
by adding Subsections (c), (d), (e), and (f) to read as follows:
(c) A person may not sell at retail an unsafe tire. In this
subsection, "unsafe tire" means a passenger or light truck tire
that:
(1) has tire tread less than one-sixteenth inch deep;
(2) has chunking, bumps, knots, or bulges evidencing
cord, ply, or tread separation from the casing or other adjacent
material;
(3) has exposed tire cords or belting material as a
result of damage to the tire;
(4) has a repair to the tire in the tread shoulder,
sidewall, bead area, or belt edge area;
(5) has a puncture that has not been sealed or patched
on the inside with a cured rubber stem or plug that extends through
to the outside surface;
(6) does not clearly show the United States Department
of Transportation tire identification number located on the
sidewall of the tire;
(7) is subject to a manufacturer's safety recall;
(8) has a puncture larger than one-quarter inch; or
(9) does not otherwise meet department safety
standards under Section 547.101.
(d) Subsection (c) does not apply to a mounted tire sold
with a used vehicle.
(e) A person commits an offense under Subsection (c) for the
sale of an unsafe tire described by Subsection (c)(7) only if the
seller of the tire knew or had reason to know that the tire was
subject to a manufacturer's safety recall at the time of the sale.
(f) A person who violates Subsection (c) commits an offense.
An offense under this subsection is a Class A misdemeanor.
SECTION 6. Subsection (a), Section 7.303, Water Code, is
amended to read as follows:
(a) This section applies to a license, certificate, or
registration issued:
(1) by the commission under:
(A) Section 26.0301;
(B) Chapter 37;
(C) Section 361.0861, 361.092, [or] 361.112, or
361.1121, Health and Safety Code;
(D) Chapter 366, 371, or 401, Health and Safety
Code; or
(E) Chapter 1903, Occupations Code;
(2) by a county under Subchapter E, Chapter 361,
Health and Safety Code; or
(3) under a rule adopted under any of those
provisions.
SECTION 7. Subsection (g), Section 361.112, Health and
Safety Code, is repealed.
SECTION 8. This Act takes effect September 1, 2013.
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