84R18188 JRR-D
By: Farias H.B. No. 1058
Substitute the following for H.B. No. 1058:
By: Rodriguez of Travis C.S.H.B. No. 1058
A BILL TO BE ENTITLED
AN ACT
relating to notice and information provided by a solid waste
facility and a commercial transporter of solid waste regarding
recycling programs for certain electronic waste.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.954(a), Health and Safety Code, is
amended to read as follows:
(a) 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, except as provided by
Section 361.967, do not impose any obligation on an owner or
operator of a solid waste facility or a commercial transporter of
solid waste.
SECTION 2. Section 361.966, Health and Safety Code, is
amended to read as follows:
Sec. 361.966. FEDERAL PREEMPTION; EXPIRATION. (a) If
federal law establishes a national program for the collection and
recycling of computer equipment and the commission determines that
the federal law substantially meets the purposes of Sections
361.952 through 361.965 [this subchapter], the commission may adopt
an agency statement that interprets the federal law as preemptive
of those sections [this subchapter].
(b) Sections 361.952 through 361.965 expire [This
subchapter expires] on the date the commission issues a statement
under this section.
SECTION 3. Subchapter Y, Chapter 361, Health and Safety
Code, is amended by adding Section 361.967 to read as follows:
Sec. 361.967. NOTICE AND INFORMATION PROVIDED TO CONSUMER
BY SOLID WASTE FACILITY AND COMMERCIAL TRANSPORTER. (a) In this
section, "electronic waste" means computer equipment that is
eligible for collection under a manufacturer's recovery plan
adopted under Section 361.955.
(b) An owner or operator of a solid waste facility shall
post in a conspicuous location at the solid waste facility a sign
that encourages consumers to recycle electronic waste. An owner or
operator is not liable for electronic waste collected or disposed
of at the solid waste facility and is not required to remove
electronic waste collected or disposed of. An owner or operator is
not in violation of this subsection if the owner or operator has
made a good faith effort to comply with this subsection.
(c) A commercial transporter of solid waste who transports
waste to a solid waste facility shall provide each person who has
contracted directly with the commercial transporter for the
transportation of solid waste an informational insert that
encourages consumers to recycle electronic waste. A commercial
transporter must provide the insert to each person at least once
each year. A commercial transporter is not liable for electronic
waste carried by the commercial transporter and is not required to
remove electronic waste collected. A commercial transporter is not
in violation of this subsection if the commercial transporter has
made a good faith effort to comply with this subsection. This
subsection expires December 31, 2017.
(d) The commission by rule shall develop the sign and
informational insert required by this section. The sign and insert
must include information relating to recycling programs for
electronic waste and the commission's Internet website.
SECTION 4. Section 361.973(a), Health and Safety Code, is
amended to read as follows:
(a) Except as provided by this section and Sections
[Section] 361.991 and 361.993, this subchapter applies only to
covered television equipment that is:
(1) offered for sale or sold to a consumer in this
state; or
(2) used by a consumer in this state and returned for
recycling.
SECTION 5. Subchapter Z, Chapter 361, Health and Safety
Code, is amended by adding Section 361.993 to read as follows:
Sec. 361.993. NOTICE AND INFORMATION PROVIDED TO CONSUMER
BY SOLID WASTE FACILITY AND COMMERCIAL TRANSPORTER. (a) In this
section, "electronic waste" means covered television equipment
that is eligible for collection under:
(1) a manufacturer's recovery plan adopted under
Section 361.978; or
(2) a manufacturer recycling leadership program
established under Section 361.979.
(b) An owner or operator of a solid waste facility shall
post in a conspicuous location at the solid waste facility a sign
that encourages consumers to recycle electronic waste. An owner or
operator is not liable for electronic waste collected or disposed
of at the solid waste facility and is not required to remove
electronic waste collected or disposed of. An owner or operator is
not in violation of this subsection if the owner or operator has
made a good faith effort to comply with this subsection.
(c) A commercial transporter of solid waste who transports
waste to a solid waste facility shall provide each person who has
contracted directly with the commercial transporter for the
transportation of solid waste an informational insert that
encourages consumers to recycle electronic waste. A commercial
transporter must provide the insert to each person at least once
each year. A commercial transporter is not liable for electronic
waste carried by the commercial transporter and is not required to
remove electronic waste collected. A commercial transporter is not
in violation of this subsection if the commercial transporter has
made a good faith effort to comply with this subsection. This
subsection expires December 31, 2017.
(d) The commission by rule shall develop the sign and
informational insert required by this section. The sign and insert
must include information relating to recycling programs for
electronic waste and the commission's Internet website.
SECTION 6. (a) The Texas Commission on Environmental
Quality shall adopt rules to implement this Act not later than
December 31, 2015.
(b) Sections 361.967 and 361.993, Health and Safety Code, as
added by this Act, apply to an owner or operator of a solid waste
facility and a commercial transporter of solid waste who transports
waste to a solid waste facility beginning on the effective date of
rules adopted by the Texas Commission on Environmental Quality
under Subsection (a) of this section.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.