Texas 2015 - 84th Regular

Texas House Bill HB87 Compare Versions

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

Old	New	Differences
1	1	84R1841 JRR-F
2	2	By: González H.B. No. 87
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the collection and recycling of computer and television
8	8	equipment by certain retailers; providing for the imposition of
9	9	administrative penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 361.952, Health and Safety Code, is
12	12	amended by adding Subdivisions (3-a) and (4-a) to read as follows:
13	13	(3-a) "Large retailer" means a retailer that:
14	14	(A) has annual sales of $5 million or more, not
15	15	including motor fuel, as defined by Section 162.001, Tax Code; and
16	16	(B) has over 75,000 square feet of retail space
17	17	that generates sales or use tax.
18	18	(4-a) "Retailer" means a person who owns or operates a
19	19	business that sells computer equipment by any means directly to a
20	20	consumer. The term does not include a person who, in the ordinary
21	21	course of business, regularly leases, offers to lease, or arranges
22	22	for leasing of merchandise under a rental-purchase agreement.
23	23	SECTION 2. Section 361.956, Health and Safety Code, is
24	24	amended by adding Subsection (a-1) and amending Subsection (c) to
25	25	read as follows:
26	26	(a-1) A large retailer may not sell or offer to sell new
27	27	computer equipment in this state unless the retailer complies with
28	28	Section 361.9565.
29	29	(c) Except as provided by Section 361.9565, a [A] retailer
30	30	is not required to collect computer equipment for recycling or
31	31	reuse under this subchapter.
32	32	SECTION 3. Subchapter Y, Chapter 361, Health and Safety
33	33	Code, is amended by adding Section 361.9565 to read as follows:
34	34	Sec. 361.9565. LARGE RETAILER RESPONSIBILITY. (a) A large
35	35	retailer shall:
36	36	(1) accept without charge at the retailer's location
37	37	during normal business hours computer equipment from a consumer;
38	38	(2) make readily available at the retailer's location
39	39	and on its website, if applicable, information about the collection
40	40	and recycling of computer equipment under this chapter;
41	41	(3) post at the retailer's location prominent, easily
42	42	visible signs that provide information about the collection and
43	43	recycling of computer equipment and indicate that computer
44	44	equipment is accepted by the retailer at that location; and
45	45	(4) ensure that all computer equipment collected under
46	46	this section is recycled, reused, or disposed of in a manner that
47	47	complies with Section 361.964.
48	48	(b) A sign posted under Subsection (a)(3) may state the
49	49	retailer's normal business hours and include a statement that
50	50	computer equipment is accepted only during those hours.
51	51	(c) A large retailer may enter into an agreement with a
52	52	manufacturer or group of manufacturers of computer equipment to
53	53	satisfy the requirements of Subsection (a)(4).
54	54	SECTION 4. Section 361.971, Health and Safety Code, is
55	55	amended by adding Subdivision (3-a) to read as follows:
56	56	(3-a) "Large retailer" means a retailer that:
57	57	(A) has annual sales of $5 million or more, not
58	58	including motor fuel, as defined by Section 162.001, Tax Code; and
59	59	(B) has over 75,000 square feet of retail space
60	60	that generates sales or use tax.
61	61	SECTION 5. Section 361.974, Health and Safety Code, is
62	62	amended to read as follows:
63	63	Sec. 361.974. SALES PROHIBITION. (a) A person may not
64	64	offer for sale in this state new covered television equipment
65	65	unless the equipment has been labeled in compliance with Section
66	66	361.975.
67	67	(b) A large retailer may not sell or offer to sell covered
68	68	television equipment in this state unless the retailer complies
69	69	with Section 361.9815.
70	70	SECTION 6. Section 361.981(c), Health and Safety Code, is
71	71	amended to read as follows:
72	72	(c) Except as provided by Section 361.9815, this [This]
73	73	subchapter does not require a retailer to collect covered
74	74	television equipment for recycling.
75	75	SECTION 7. Subchapter Z, Chapter 361, Health and Safety
76	76	Code, is amended by adding Section 361.9815 to read as follows:
77	77	Sec. 361.9815. LARGE RETAILER RESPONSIBILITY. (a) A large
78	78	retailer shall:
79	79	(1) accept without charge at the retailer's location
80	80	during normal business hours covered television equipment from a
81	81	consumer;
82	82	(2) make readily available at the retailer's location
83	83	and on its website, if applicable, information about the collection
84	84	and recycling of covered television equipment under this chapter;
85	85	(3) post at the retailer's location prominent, easily
86	86	visible signs that provide information about the collection and
87	87	recycling of covered television equipment and indicate that covered
88	88	television equipment is accepted by the retailer at that location;
89	89	and
90	90	(4) ensure that all covered television equipment
91	91	collected under this section is disposed of or recycled in a manner
92	92	that complies with Section 361.990.
93	93	(b) A sign posted under Subsection (a)(3) may state the
94	94	retailer's normal business hours and include a statement that
95	95	covered television equipment is accepted only during those hours.
96	96	(c) A large retailer may enter into an agreement with
97	97	manufacturers of covered television equipment to satisfy the
98	98	requirements of Subsection (a)(4).
99	99	SECTION 8. (a) The Texas Commission on Environmental
100	100	Quality shall adopt any rules required to implement this Act not
101	101	later than May 1, 2016.
102	102	(b) The changes in law made to Subchapters Y and Z, Chapter
103	103	361, Health and Safety Code, by this Act may not be enforced before
104	104	September 1, 2016.
105	105	SECTION 9. This Act takes effect September 1, 2015.