Texas 2015 - 84th Regular

Texas House Bill HB3795 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R1674 EES-F
2	2	By: Raymond H.B. No. 3795
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the sale, storage, transportation, and disposal of
8	8	scrap or used tires; providing a civil penalty; creating a criminal
9	9	offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Section 361.112, Health and
12	12	Safety Code, is amended to read as follows:
13	13	Sec. 361.112. STORAGE[, TRANSPORTATION,] AND DISPOSAL OF
14	14	USED OR SCRAP TIRES.
15	15	SECTION 2. Section 361.112, Health and Safety Code, is
16	16	amended by adding Subsection (n) to read as follows:
17	17	(n) A scrap tire generator or used tire generator, including
18	18	a tire dealer, junkyard, or fleet operator, who stores scrap tires
19	19	or used tires outdoors on its business premises shall store the
20	20	scrap tires or used tires in a secure manner that locks the tires
21	21	during nonbusiness hours.
22	22	SECTION 3. Subchapter C, Chapter 361, Health and Safety
23	23	Code, is amended by adding Sections 361.1121 and 361.1122 to read as
24	24	follows:
25	25	Sec. 361.1121. SALE AND TRANSPORTATION OF SCRAP OR USED
26	26	TIRES. (a) In this section:
27	27	(1) "Scrap tire" means a tire that can no longer be
28	28	used for its original intended purpose.
29	29	(2) "Used tire" means a tire that:
30	30	(A) has been used as a tire on a vehicle;
31	31	(B) has tire tread at least one-sixteenth inch
32	32	deep;
33	33	(C) can still be used for its original intended
34	34	purpose; and
35	35	(D) has been inspected visually, has had its
36	36	tread measured with a tread depth gauge calibrated in 32nds of an
37	37	inch if it does not have tread wear indicators, and meets the visual
38	38	and tread depth requirements for used tires established by the
39	39	Department of Public Safety.
40	40	(b) A customer may not retain a scrap tire removed from the
41	41	customer's vehicle during the purchase of a tire from a retail
42	42	seller.
43	43	(c) A retail seller who takes possession of a scrap tire
44	44	from a customer during a transaction described by Subsection (b)
45	45	shall dispose of the scrap tire according to local and state laws,
46	46	including Section 361.112(c).
47	47	(d) A customer may only retain a used tire removed from the
48	48	customer's vehicle during the purchase of a tire if the customer
49	49	certifies on a form prescribed by the commission that:
50	50	(1) the customer assumes liability for the disposal of
51	51	the tire; and
52	52	(2) the retail seller maintains in a manner accessible
53	53	to local law enforcement agencies and the commission a record of the
54	54	customer's retention of the used tire until at least the third
55	55	anniversary of the date the tire was removed.
56	56	(e) The commission shall develop the form described by
57	57	Subsection (d) and make that form available on the commission's
58	58	Internet website.
59	59	(f) A retail seller of tires may contract for the
60	60	transportation of scrap tires or used tires only with a scrap tire
61	61	transporter or used tire transporter who:
62	62	(1) is registered as described by Section 361.1122(b);
63	63	and
64	64	(2) has filed evidence of financial assurance
65	65	according to Section 361.1122(e).
66	66	(g) A person who violates this section is subject to a civil
67	67	penalty in an amount not less than $1,000 for each violation. A
68	68	separate penalty may be imposed for each day a violation occurs and
69	69	for each tire to which the violation applies.
70	70	(h) A person commits an offense if that person recklessly
71	71	violates this section. For an individual, an offense under this
72	72	subsection is punishable by a fine of not less than $1,000 or more
73	73	than $50,000, confinement for a period not to exceed one year, or
74	74	both fine and confinement, as provided by this subsection. For a
75	75	person other than an individual, this subsection is punishable by a
76	76	fine of not less than $1,000 or more than $100,000.
77	77	(i) A person commits an offense if that person intentionally
78	78	or knowingly violates this section. For an individual, an offense
79	79	under this subsection is punishable by a fine of not less than
80	80	$1,000 or more than $100,000, confinement for a period not to exceed
81	81	two years, or both fine and confinement, as provided by this
82	82	subsection. For a person other than an individual, this subsection
83	83	is punishable by a fine of not less than $1,000 or more than
84	84	$250,000.
85	85	(j) The attorney general or the appropriate district or
86	86	county attorney may bring an action against a person under this
87	87	section in the name of the state in a district court in the county in
88	88	which:
89	89	(1) the person resides; or
90	90	(2) the person's principal place of business is
91	91	located.
92	92	Sec. 361.1122. SCRAP AND USED TIRE TRANSPORTERS. (a) In
93	93	this section:
94	94	(1) "Scrap tire" and "used tire" have the meanings
95	95	assigned by Section 361.1121.
96	96	(2) "Scrap tire transporter" means a person who
97	97	collects scrap tires from another person for the purpose of removal
98	98	to a scrap tire processor, end user, or disposal facility.
99	99	(3) "Used tire transporter" means a person who
100	100	collects used tires from another person for the purpose of removal
101	101	to a scrap tire processor, end user, or disposal facility.
102	102	(b) Except as provided by Subsection (c), a scrap tire
103	103	transporter or used tire transporter shall register with the
104	104	commission.
105	105	(c) The following persons are not required to register under
106	106	this section:
107	107	(1) a person who ships used or defective tires back to
108	108	the manufacturer or the manufacturer's representative for
109	109	adjustment, provided that the person retains, until the third
110	110	anniversary of the shipment date, written records of the shipments
111	111	indicating the date of shipment, the destination, and the number of
112	112	tires in each shipment and makes those records available to the
113	113	commission on request;
114	114	(2) an on-site sewage facility installer who is
115	115	registered with the commission and who transports used or scrap
116	116	tires or tire pieces for construction of an on-site sewage disposal
117	117	system, provided that the installer complies with the commission's
118	118	manifest and recordkeeping requirements;
119	119	(3) a retreader who hauls tires from customers for the
120	120	purpose of retreading the tires or who returns tires to customers
121	121	after retreading or recapping, provided that the retreader does not
122	122	haul tires to an authorized facility for used or scrap tire
123	123	collection;
124	124	(4) a person who owns or operates a truck for municipal
125	125	solid waste collection or commercial route collection and handles
126	126	incidental loads of used or scrap tires or tire pieces as part of
127	127	normal household or commercial collection activities;
128	128	(5) a municipality, county, or other governmental
129	129	entity that owns or operates a transport vehicle used to transport
130	130	used or scrap tires to an authorized facility or to a facility used
131	131	by a governmental entity to collect used or scrap tires, provided
132	132	that each load of used or scrap tires is manifested as required by
133	133	the commission; and
134	134	(6) a person exempt from registration requirements
135	135	under commission rules.
136	136	(d) A scrap tire transporter or used tire transporter who is
137	137	required to register with the commission shall:
138	138	(1) obtain a surety bond from a surety company
139	139	authorized to transact business in this state;
140	140	(2) establish a trust account; or
141	141	(3) obtain an irrevocable letter of credit.
142	142	(e) The bond, trust account, or irrevocable letter of credit
143	143	described by Subsection (d) must be:
144	144	(1) filed with the commission;
145	145	(2) in an amount of $25,000 or more; and
146	146	(3) in favor of this state.
147	147	(f) Money that the commission receives from a bond, trust
148	148	account, or letter of credit obtained to meet the requirements of
149	149	Subsection (d) must be used for the cleanup of abandoned tire
150	150	storage sites.
151	151	(g) The commission shall require a scrap tire transporter or
152	152	used tire transporter to maintain records and use a manifest or
153	153	other appropriate system to assure that those tires are transported
154	154	to a storage site that is registered or to a site or facility
155	155	authorized by the commission. The commission shall require a scrap
156	156	tire transporter or used tire transporter to submit to the
157	157	commission in an electronic format an annual report on the records
158	158	maintained by the transporter under this subsection.
159	159	(h) A registration issued under this section expires on the
160	160	first anniversary of the date of issuance and must be renewed
161	161	annually. If a scrap tire transporter or used tire transporter
162	162	fails to submit an annual report under Subsection (g), the
163	163	transporter is not eligible to renew the transporter's
164	164	registration.
165	165	(i) The commission shall issue a registration insignia to
166	166	each registered scrap tire transporter and used tire transporter.
167	167	The transporter shall display the insignia on each vehicle used to
168	168	transport tires under the registration. The insignia expires on
169	169	the first anniversary of the date of issuance. The commission may
170	170	adopt rules for issuing duplicate and multiple insignia.
171	171	(j) A county by order may require a scrap tire transporter
172	172	or used tire transporter to register with the county. Registration
173	173	requirements adopted under this subsection must be compatible with
174	174	and not less stringent than rules adopted by the commission under
175	175	this section.
176	176	SECTION 4. Section 7.303(a), Water Code, is amended to read
177	177	as follows:
178	178	(a) This section applies to a license, certificate, or
179	179	registration issued:
180	180	(1) by the commission under:
181	181	(A) Section 26.0301;
182	182	(B) Chapter 37;
183	183	(C) Section 361.0861, 361.092, [or] 361.112, or
184	184	361.1122, Health and Safety Code;
185	185	(D) Chapter 366, 371, or 401, Health and Safety
186	186	Code; or
187	187	(E) Chapter 1903, Occupations Code;
188	188	(2) by a county under Subchapter E, Chapter 361,
189	189	Health and Safety Code; or
190	190	(3) under a rule adopted under any of those
191	191	provisions.
192	192	SECTION 5. Section 361.112(g), Health and Safety Code, is
193	193	repealed.
194	194	SECTION 6. This Act takes effect September 1, 2015.