| 1 | 1 | | 84R730 JRR-D |
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| 2 | 2 | | By: Isaac H.B. No. 1569 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the creation of a defense under the Solid Waste Disposal |
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| 8 | 8 | | Act for persons engaged in certain recycling transactions. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 361.275(a), Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) Except as provided by Section 361.2755, a [A] person |
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| 13 | 13 | | responsible for solid waste under Section 361.271 is liable under |
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| 14 | 14 | | Section 361.272 or 361.273 unless the person can establish by a |
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| 15 | 15 | | preponderance of the evidence that the release or threatened |
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| 16 | 16 | | release was caused solely by: |
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| 17 | 17 | | (1) an act of God; |
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| 18 | 18 | | (2) an act of war; |
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| 19 | 19 | | (3) an act or omission of a third person; or |
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| 20 | 20 | | (4) any combination of Subdivisions (1), (2), and (3). |
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| 21 | 21 | | SECTION 2. Subchapter I, Chapter 361, Health and Safety |
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| 22 | 22 | | Code, is amended by adding Section 361.2755 to read as follows: |
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| 23 | 23 | | Sec. 361.2755. RECYCLABLE MATERIAL; DEFENSE. (a) In this |
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| 24 | 24 | | section, "recyclable material" has the meaning assigned by 42 |
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| 25 | 25 | | U.S.C. Section 9627(b). |
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| 26 | 26 | | (b) A person who arranges for recycling of recyclable |
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| 27 | 27 | | material is not responsible for the recyclable material under |
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| 28 | 28 | | Section 361.271(a)(3) or (4) if the person can establish by a |
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| 29 | 29 | | preponderance of the evidence that the person would not be liable |
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| 30 | 30 | | with respect to the recyclable material under 42 U.S.C. Section |
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| 31 | 31 | | 9607(a)(3) or (4) based on the person meeting the criteria |
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| 32 | 32 | | established under 42 U.S.C. Section 9627 relating to transactions |
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| 33 | 33 | | involving that type of recyclable material. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2015. |
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