Texas 2015 - 84th Regular

Texas House Bill HB1058 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R18188 JRR-D
2	2	By: Farias H.B. No. 1058
3	3	Substitute the following for H.B. No. 1058:
4	4	By: Rodriguez of Travis C.S.H.B. No. 1058
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 solid waste
10	10	facility and a commercial transporter of solid waste regarding
11	11	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 commercial transporter of
20	20	solid waste.
21	21	SECTION 2. Section 361.966, Health and Safety Code, is
22	22	amended to read as follows:
23	23	Sec. 361.966. FEDERAL PREEMPTION; EXPIRATION. (a) If
24	24	federal law establishes a national program for the collection and
25	25	recycling of computer equipment and the commission determines that
26	26	the federal law substantially meets the purposes of Sections
27	27	361.952 through 361.965 [this subchapter], the commission may adopt
28	28	an agency statement that interprets the federal law as preemptive
29	29	of those sections [this subchapter].
30	30	(b) Sections 361.952 through 361.965 expire [This
31	31	subchapter expires] on the date the commission issues a statement
32	32	under this section.
33	33	SECTION 3. Subchapter Y, Chapter 361, Health and Safety
34	34	Code, is amended by adding Section 361.967 to read as follows:
35	35	Sec. 361.967. NOTICE AND INFORMATION PROVIDED TO CONSUMER
36	36	BY SOLID WASTE FACILITY AND COMMERCIAL TRANSPORTER. (a) In this
37	37	section, "electronic waste" means computer equipment that is
38	38	eligible for collection under a manufacturer's recovery plan
39	39	adopted under Section 361.955.
40	40	(b) An owner or operator of a solid waste facility shall
41	41	post in a conspicuous location at the solid waste facility a sign
42	42	that encourages consumers to recycle electronic waste. An owner or
43	43	operator is not liable for electronic waste collected or disposed
44	44	of at the solid waste facility and is not required to remove
45	45	electronic waste collected or disposed of. An owner or operator is
46	46	not in violation of this subsection if the owner or operator has
47	47	made a good faith effort to comply with this subsection.
48	48	(c) A commercial transporter of solid waste who transports
49	49	waste to a solid waste facility shall provide each person who has
50	50	contracted directly with the commercial transporter for the
51	51	transportation of solid waste an informational insert that
52	52	encourages consumers to recycle electronic waste. A commercial
53	53	transporter must provide the insert to each person at least once
54	54	each year. A commercial transporter is not liable for electronic
55	55	waste carried by the commercial transporter and is not required to
56	56	remove electronic waste collected. A commercial transporter is not
57	57	in violation of this subsection if the commercial transporter has
58	58	made a good faith effort to comply with this subsection. This
59	59	subsection expires December 31, 2017.
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 SOLID WASTE FACILITY AND COMMERCIAL TRANSPORTER. (a) In this
77	77	section, "electronic waste" means covered television equipment
78	78	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 solid waste facility shall
84	84	post in a conspicuous location at the solid waste facility a sign
85	85	that encourages consumers to recycle electronic waste. An owner or
86	86	operator is not liable for electronic waste collected or disposed
87	87	of at the solid waste facility and is not required to remove
88	88	electronic waste collected or disposed of. An owner or operator is
89	89	not in violation of this subsection if the owner or operator has
90	90	made a good faith effort to comply with this subsection.
91	91	(c) A commercial transporter of solid waste who transports
92	92	waste to a solid waste facility shall provide each person who has
93	93	contracted directly with the commercial transporter for the
94	94	transportation of solid waste an informational insert that
95	95	encourages consumers to recycle electronic waste. A commercial
96	96	transporter must provide the insert to each person at least once
97	97	each year. A commercial transporter is not liable for electronic
98	98	waste carried by the commercial transporter and is not required to
99	99	remove electronic waste collected. A commercial transporter is not
100	100	in violation of this subsection if the commercial transporter has
101	101	made a good faith effort to comply with this subsection. This
102	102	subsection expires December 31, 2017.
103	103	(d) The commission by rule shall develop the sign and
104	104	informational insert required by this section. The sign and insert
105	105	must include information relating to recycling programs for
106	106	electronic waste and the commission's Internet website.
107	107	SECTION 6. (a) The Texas Commission on Environmental
108	108	Quality shall adopt rules to implement this Act not later than
109	109	December 31, 2015.
110	110	(b) Sections 361.967 and 361.993, Health and Safety Code, as
111	111	added by this Act, apply to an owner or operator of a solid waste
112	112	facility and a commercial transporter of solid waste who transports
113	113	waste to a solid waste facility beginning on the effective date of
114	114	rules adopted by the Texas Commission on Environmental Quality
115	115	under Subsection (a) of this section.
116	116	SECTION 7. This Act takes effect immediately if it receives
117	117	a vote of two-thirds of all the members elected to each house, as
118	118	provided by Section 39, Article III, Texas Constitution. If this
119	119	Act does not receive the vote necessary for immediate effect, this
120	120	Act takes effect September 1, 2015.