Texas 2013 - 83rd Regular

Texas Senate Bill SB459 Compare Versions

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1	1	83R28964 SLB-D
2	2	By: Rodriguez, et al. S.B. No. 459
3	3	(Isaac, Raymond)
4	4	Substitute the following for S.B. No. 459: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the sale, installation, storage, transportation, and
10	10	disposal of scrap, unsafe, or used tires; providing a civil
11	11	penalty; creating an offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Title 6, Business & Commerce Code, is amended by
14	14	adding Chapter 205 to read as follows:
15	15	CHAPTER 205. SALE AND TRANSPORTATION OF SCRAP, UNSAFE, OR USED
16	16	TIRES
17	17	Sec. 205.001. DEFINITIONS. In this chapter:
18	18	(1) "Scrap tire" and "used tire" have the meanings
19	19	assigned to those terms by Section 361.112l, Health and Safety
20	20	Code.
21	21	(2) "Unsafe tire" has the meaning assigned by Section
22	22	547.201(c), Transportation Code.
23	23	Sec. 205.002. RETENTION AND DISPOSAL OF SCRAP OR UNSAFE
24	24	TIRES. (a) Except as provided by Subsection (c), a customer may
25	25	not retain a scrap tire or an unsafe tire removed from the
26	26	customer's vehicle during the purchase of a tire from a retail
27	27	seller.
28	28	(b) A retail seller who takes possession of a scrap tire or
29	29	unsafe tire from a customer during a transaction described by
30	30	Subsection (a) shall dispose of the scrap tire or unsafe tire
31	31	according to local and state laws, including Section 361.112(c),
32	32	Health and Safety Code.
33	33	(c) A customer may retain a scrap tire or unsafe tire
34	34	removed from the customer's vehicle during the purchase of a tire if
35	35	the customer certifies on a form prescribed by the Texas Commission
36	36	on Environmental Quality that the customer assumes liability for
37	37	the disposal of the tire.
38	38	(d) The Texas Commission on Environmental Quality shall
39	39	develop the form described by Subsection (c) and shall make that
40	40	form available on the commission's Internet website.
41	41	(e) This section does not apply to an entity that purchases
42	42	scrap or salvage vehicles for the purpose of recycling.
43	43	Sec. 205.003. TRANSPORTATION OF SCRAP, UNSAFE, OR USED
44	44	TIRES. A retail seller of tires may contract for the transportation
45	45	of scrap tires, unsafe tires, or used tires only with a scrap tire
46	46	transporter or used tire transporter who:
47	47	(1) is registered as described by Section 361.1121(b),
48	48	Health and Safety Code; and
49	49	(2) has filed evidence of financial assurance
50	50	according to Section 361.085(m), Health and Safety Code.
51	51	Sec. 205.004. CIVIL PENALTY. (a) A person who violates
52	52	this chapter is subject to a civil penalty in an amount determined
53	53	by the Texas Commission on Environmental Quality not to exceed $500
54	54	for each violation. A separate penalty may be imposed for each day
55	55	a violation occurs. The commission by rule shall adopt criteria for
56	56	determining the amount of a civil penalty under this subsection.
57	57	(b) The attorney general or the appropriate district or
58	58	county attorney may bring an action against a person under this
59	59	section in the name of the state in a district court in the county in
60	60	which:
61	61	(1) the person resides; or
62	62	(2) the person's principal place of business is
63	63	located.
64	64	SECTION 2. Section 361.085, Health and Safety Code, is
65	65	amended by adding Subsection (m) to read as follows:
66	66	(m) A scrap tire transporter or used tire transporter, as
67	67	those terms are defined by Section 361.1121(a), who is required to
68	68	register with the commission shall provide financial assurance as
69	69	determined by the commission in an amount appropriate for the
70	70	quantity of tires transported. Money that the commission receives
71	71	from financial assurance obtained to meet the requirements of this
72	72	subsection may be used for the cleanup of abandoned tire storage
73	73	sites.
74	74	SECTION 3. The heading to Section 361.112, Health and
75	75	Safety Code, is amended to read as follows:
76	76	Sec. 361.112. STORAGE[, TRANSPORTATION,] AND DISPOSAL OF
77	77	USED OR SCRAP TIRES.
78	78	SECTION 4. Section 361.112, Health and Safety Code, is
79	79	amended by adding Subsection (n) to read as follows:
80	80	(n) A scrap tire generator or used tire generator, including
81	81	a tire dealer, junkyard, or fleet operator, who stores scrap tires
82	82	or used tires outdoors on its business premises shall store the
83	83	scrap tires or used tires in a manner that may be made secure by
84	84	locking. This subsection does not apply to the Texas Department of
85	85	Transportation.
86	86	SECTION 5. Subchapter C, Chapter 361, Health and Safety
87	87	Code, is amended by adding Section 361.1121 to read as follows:
88	88	Sec. 361.1121. SCRAP AND USED TIRE TRANSPORTERS. (a) In
89	89	this section:
90	90	(1) "Scrap tire" means a tire that can no longer be
91	91	used for its original intended purpose.
92	92	(2) "Scrap tire transporter" means a person who
93	93	collects scrap tires from another person for the purpose of removal
94	94	to a scrap tire processor, end user, or disposal facility.
95	95	(3) "Used tire" means a tire that:
96	96	(A) has been used as a tire on a vehicle;
97	97	(B) has tire tread at least one-sixteenth inch
98	98	deep; and
99	99	(C) can still be used for its original intended
100	100	purpose.
101	101	(4) "Used tire transporter" means a person who
102	102	collects used tires from another person for the purpose of removal
103	103	to a scrap tire processor, end user, or disposal facility.
104	104	(b) A scrap tire transporter or used tire transporter shall
105	105	register with the commission unless the scrap tire transporter or
106	106	used tire transporter is:
107	107	(1) a retreader who transports retreadable casings;
108	108	(2) a person who transports scrap tires or used tires
109	109	that are intended for use in that person's agricultural business
110	110	and who does not transport at one time a number of scrap tires or
111	111	used tires that exceeds a number determined by commission rule;
112	112	(3) a person who transports scrap tires to the
113	113	manufacturer or the manufacturer's representative for adjustment,
114	114	provided that the generator of the tires complies with the
115	115	recordkeeping and manifest requirements under Subsection (c);
116	116	(4) a person who:
117	117	(A) is registered with the commission as an
118	118	on-site sewage disposal system installer;
119	119	(B) transports used or scrap tires or tire pieces
120	120	for the construction of an on-site sewage disposal system; and
121	121	(C) complies with the recordkeeping and manifest
122	122	requirements under Subsection (c);
123	123	(5) a person engaged in the collection of incidental
124	124	amounts of scrap tires, used tires, or tire pieces during the course
125	125	of household or commercial waste collection for a municipal solid
126	126	waste facility or a commercial landfill;
127	127	(6) a person engaged on behalf of a political
128	128	subdivision in the transport of scrap or used tires to another site,
129	129	provided that the person complies with the recordkeeping and
130	130	manifest requirements under Subsection (c);
131	131	(7) a tire retailer who transports the retailer's own
132	132	tires in the ordinary course of business as a tire retailer,
133	133	including the transportation of tires between places of business
134	134	owned by the retailer; or
135	135	(8) a person who transports scrap tires or used tires
136	136	that are intended for recycling.
137	137	(c) The commission shall require a scrap tire transporter or
138	138	used tire transporter to maintain records and use a manifest or
139	139	other appropriate system to assure that those tires are transported
140	140	to a storage site that is registered or to a site or facility
141	141	authorized by the commission.
142	142	SECTION 6. Section 547.201, Transportation Code, is amended
143	143	by adding Subsections (c), (d), (e), (f), and (g) to read as
144	144	follows:
145	145	(c) A person may not sell and install an unsafe tire. In this
146	146	subsection, "unsafe tire" means a passenger car or light truck tire
147	147	for which a visual or tactile inspection of the tire exterior and
148	148	inner liner indicates that the tire:
149	149	(1) has tire tread less than one-sixteenth inch deep;
150	150	(2) has chunking, bumps, knots, or bulges evidencing
151	151	cord, ply, or tread separation from the casing or other adjacent
152	152	material;
153	153	(3) has exposed tire cords or belting material as a
154	154	result of damage to the tire;
155	155	(4) has a repair to the tire in the tread shoulder,
156	156	sidewall, bead area, or belt edge area;
157	157	(5) has a puncture that has not been sealed or patched
158	158	on the inside with a cured rubber stem or plug that extends through
159	159	to the outside surface;
160	160	(6) does not clearly show the United States Department
161	161	of Transportation tire identification number located on the
162	162	sidewall of the tire;
163	163	(7) is subject to a manufacturer's safety recall;
164	164	(8) has a puncture larger than one-quarter inch; or
165	165	(9) does not otherwise meet department safety
166	166	standards under Section 547.101.
167	167	(d) Subsection (c) does not apply to a mounted tire sold
168	168	with a used vehicle.
169	169	(e) A person commits an offense under Subsection (f) for the
170	170	sale and installation of an unsafe tire described by Subsection
171	171	(c)(7) only if the seller of the tire knew or had reason to know that
172	172	the tire was subject to a manufacturer's safety recall at the time
173	173	of the sale and installation.
174	174	(f) A person who violates Subsection (c) commits an offense.
175	175	An offense under this subsection is a Class A misdemeanor.
176	176	(g) This section does not limit any liability.
177	177	SECTION 7. Section 7.303(a), Water Code, is amended to read
178	178	as follows:
179	179	(a) This section applies to a license, certificate, or
180	180	registration issued:
181	181	(1) by the commission under:
182	182	(A) Section 26.0301;
183	183	(B) Chapter 37;
184	184	(C) Section 361.0861, 361.092, [or] 361.112, or
185	185	361.1121, Health and Safety Code;
186	186	(D) Chapter 366, 371, or 401, Health and Safety
187	187	Code; or
188	188	(E) Chapter 1903, Occupations Code;
189	189	(2) by a county under Subchapter E, Chapter 361,
190	190	Health and Safety Code; or
191	191	(3) under a rule adopted under any of those
192	192	provisions.
193	193	SECTION 8. Section 361.112(g), Health and Safety Code, is
194	194	repealed.
195	195	SECTION 9. A person is not required to comply with the
196	196	requirements of Section 361.085(m), Health and Safety Code, as
197	197	added by this Act, before the 180th day after the date that the
198	198	rules adopted by the Texas Commission on Environmental Quality to
199	199	implement that section take effect, or as otherwise required by the
200	200	commission.
201	201	SECTION 10. This Act takes effect September 1, 2013.