84R1674 EES-F
By: Raymond H.B. No. 3795
A BILL TO BE ENTITLED
AN ACT
relating to the sale, storage, transportation, and disposal of
scrap or used tires; providing a civil penalty; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 361.112, Health and
Safety Code, is amended to read as follows:
Sec. 361.112. STORAGE[, TRANSPORTATION,] AND DISPOSAL OF
USED OR SCRAP TIRES.
SECTION 2. Section 361.112, Health and Safety Code, is
amended by adding Subsection (n) to read as follows:
(n) A scrap tire generator or used tire generator, including
a tire dealer, junkyard, or fleet operator, who stores scrap tires
or used tires outdoors on its business premises shall store the
scrap tires or used tires in a secure manner that locks the tires
during nonbusiness hours.
SECTION 3. Subchapter C, Chapter 361, Health and Safety
Code, is amended by adding Sections 361.1121 and 361.1122 to read as
follows:
Sec. 361.1121. SALE AND TRANSPORTATION OF SCRAP OR USED
TIRES. (a) In this section:
(1) "Scrap tire" means a tire that can no longer be
used for its original intended purpose.
(2) "Used tire" means a tire that:
(A) has been used as a tire on a vehicle;
(B) has tire tread at least one-sixteenth inch
deep;
(C) can still be used for its original intended
purpose; and
(D) has been inspected visually, has had its
tread measured with a tread depth gauge calibrated in 32nds of an
inch if it does not have tread wear indicators, and meets the visual
and tread depth requirements for used tires established by the
Department of Public Safety.
(b) A customer may not retain a scrap tire removed from the
customer's vehicle during the purchase of a tire from a retail
seller.
(c) A retail seller who takes possession of a scrap tire
from a customer during a transaction described by Subsection (b)
shall dispose of the scrap tire according to local and state laws,
including Section 361.112(c).
(d) A customer may only retain a used tire removed from the
customer's vehicle during the purchase of a tire if the customer
certifies on a form prescribed by the commission that:
(1) the customer assumes liability for the disposal of
the tire; and
(2) the retail seller maintains in a manner accessible
to local law enforcement agencies and the commission a record of the
customer's retention of the used tire until at least the third
anniversary of the date the tire was removed.
(e) The commission shall develop the form described by
Subsection (d) and make that form available on the commission's
Internet website.
(f) A retail seller of tires may contract for the
transportation of scrap tires or used tires only with a scrap tire
transporter or used tire transporter who:
(1) is registered as described by Section 361.1122(b);
and
(2) has filed evidence of financial assurance
according to Section 361.1122(e).
(g) A person who violates this section is subject to a civil
penalty in an amount not less than $1,000 for each violation. A
separate penalty may be imposed for each day a violation occurs and
for each tire to which the violation applies.
(h) A person commits an offense if that person recklessly
violates this section. For an individual, an offense under this
subsection is punishable by a fine of not less than $1,000 or more
than $50,000, confinement for a period not to exceed one year, or
both fine and confinement, as provided by this subsection. For a
person other than an individual, this subsection is punishable by a
fine of not less than $1,000 or more than $100,000.
(i) A person commits an offense if that person intentionally
or knowingly violates this section. For an individual, an offense
under this subsection is punishable by a fine of not less than
$1,000 or more than $100,000, confinement for a period not to exceed
two years, or both fine and confinement, as provided by this
subsection. For a person other than an individual, this subsection
is punishable by a fine of not less than $1,000 or more than
$250,000.
(j) The attorney general or the appropriate district or
county attorney may bring an action against a person under this
section in the name of the state in a district court in the county in
which:
(1) the person resides; or
(2) the person's principal place of business is
located.
Sec. 361.1122. SCRAP AND USED TIRE TRANSPORTERS. (a) In
this section:
(1) "Scrap tire" and "used tire" have the meanings
assigned by Section 361.1121.
(2) "Scrap tire transporter" means a person who
collects scrap tires from another person for the purpose of removal
to a scrap tire processor, end user, or disposal facility.
(3) "Used tire transporter" means a person who
collects used tires from another person for the purpose of removal
to a scrap tire processor, end user, or disposal facility.
(b) Except as provided by Subsection (c), a scrap tire
transporter or used tire transporter shall register with the
commission.
(c) The following persons are not required to register under
this section:
(1) a person who ships used or defective tires back to
the manufacturer or the manufacturer's representative for
adjustment, provided that the person retains, until the third
anniversary of the shipment date, written records of the shipments
indicating the date of shipment, the destination, and the number of
tires in each shipment and makes those records available to the
commission on request;
(2) an on-site sewage facility installer who is
registered with the commission and who transports used or scrap
tires or tire pieces for construction of an on-site sewage disposal
system, provided that the installer complies with the commission's
manifest and recordkeeping requirements;
(3) a retreader who hauls tires from customers for the
purpose of retreading the tires or who returns tires to customers
after retreading or recapping, provided that the retreader does not
haul tires to an authorized facility for used or scrap tire
collection;
(4) a person who owns or operates a truck for municipal
solid waste collection or commercial route collection and handles
incidental loads of used or scrap tires or tire pieces as part of
normal household or commercial collection activities;
(5) a municipality, county, or other governmental
entity that owns or operates a transport vehicle used to transport
used or scrap tires to an authorized facility or to a facility used
by a governmental entity to collect used or scrap tires, provided
that each load of used or scrap tires is manifested as required by
the commission; and
(6) a person exempt from registration requirements
under commission rules.
(d) A scrap tire transporter or used tire transporter who is
required to register with the commission shall:
(1) obtain a surety bond from a surety company
authorized to transact business in this state;
(2) establish a trust account; or
(3) obtain an irrevocable letter of credit.
(e) The bond, trust account, or irrevocable letter of credit
described by Subsection (d) must be:
(1) filed with the commission;
(2) in an amount of $25,000 or more; and
(3) in favor of this state.
(f) Money that the commission receives from a bond, trust
account, or letter of credit obtained to meet the requirements of
Subsection (d) must be used for the cleanup of abandoned tire
storage sites.
(g) The commission shall require a scrap tire transporter or
used tire transporter to maintain records and use a manifest or
other appropriate system to assure that those tires are transported
to a storage site that is registered or to a site or facility
authorized by the commission. The commission shall require a scrap
tire transporter or used tire transporter to submit to the
commission in an electronic format an annual report on the records
maintained by the transporter under this subsection.
(h) A registration issued under this section expires on the
first anniversary of the date of issuance and must be renewed
annually. If a scrap tire transporter or used tire transporter
fails to submit an annual report under Subsection (g), the
transporter is not eligible to renew the transporter's
registration.
(i) The commission shall issue a registration insignia to
each registered scrap tire transporter and used tire transporter.
The transporter shall display the insignia on each vehicle used to
transport tires under the registration. The insignia expires on
the first anniversary of the date of issuance. The commission may
adopt rules for issuing duplicate and multiple insignia.
(j) A county by order may require a scrap tire transporter
or used tire transporter to register with the county. Registration
requirements adopted under this subsection must be compatible with
and not less stringent than rules adopted by the commission under
this section.
SECTION 4. Section 7.303(a), Water Code, is amended to read
as follows:
(a) This section applies to a license, certificate, or
registration issued:
(1) by the commission under:
(A) Section 26.0301;
(B) Chapter 37;
(C) Section 361.0861, 361.092, [or] 361.112, or
361.1122, Health and Safety Code;
(D) Chapter 366, 371, or 401, Health and Safety
Code; or
(E) Chapter 1903, Occupations Code;
(2) by a county under Subchapter E, Chapter 361,
Health and Safety Code; or
(3) under a rule adopted under any of those
provisions.
SECTION 5. Section 361.112(g), Health and Safety Code, is
repealed.
SECTION 6. This Act takes effect September 1, 2015.