85R8898 JRR-F
By: King of Hemphill H.B. No. 1856
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a defense under the Solid Waste Disposal
Act for persons engaged in certain recycling transactions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.275(a), Health and Safety Code, is
amended to read as follows:
(a) Except as provided by Section 361.2755, a [A] person
responsible for solid waste under Section 361.271 is liable under
Section 361.272 or 361.273 unless the person can establish by a
preponderance of the evidence that the release or threatened
release was caused solely by:
(1) an act of God;
(2) an act of war;
(3) an act or omission of a third person; or
(4) any combination of Subdivisions (1), (2), and (3).
SECTION 2. Subchapter I, Chapter 361, Health and Safety
Code, is amended by adding Section 361.2755 to read as follows:
Sec. 361.2755. RECYCLABLE MATERIAL; DEFENSE. (a) In this
section, "recyclable material" has the meaning assigned by 42
U.S.C. Section 9627(b).
(b) A person who arranges for recycling of recyclable
material is not responsible for the recyclable material under
Section 361.271(a)(3) or (4) if the person can establish by a
preponderance of the evidence that the person would not be liable
with respect to the recyclable material under 42 U.S.C. Section
9607(a)(3) or (4) based on the person meeting the criteria
established under 42 U.S.C. Section 9627 relating to transactions
involving that type of recyclable material.
SECTION 3. This Act takes effect September 1, 2017.