84R7176 JRR-D
By: Farias H.B. No. 1058
A BILL TO BE ENTITLED
AN ACT
relating to notice and information provided by a municipal 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 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 MUNICIPAL 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 municipal solid waste landfill
or a municipal solid waste incinerator shall post in a conspicuous
location at the landfill or incinerator a sign that encourages
consumers to recycle electronic waste. An owner or operator is not
liable for electronic waste collected at the landfill or
incinerator and is not required to remove electronic waste
collected. 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 municipal solid waste landfill or a municipal solid waste
incinerator shall provide each person who has contracted directly
with the 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 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 MUNICIPAL 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 municipal solid waste landfill
or a municipal solid waste incinerator shall post in a conspicuous
location at the landfill or incinerator a sign that encourages
consumers to recycle electronic waste. An owner or operator is not
liable for electronic waste collected at the landfill or
incinerator and is not required to remove electronic waste
collected. 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 municipal solid waste landfill or a municipal solid waste
incinerator shall provide each person who has contracted directly
with the 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 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 municipal
solid waste landfill or incinerator and a transporter of solid
waste who transports waste to a municipal solid waste landfill or
incinerator 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.