85R25226 JRR-F
By: King of Hemphill H.B. No. 1856
Substitute the following for H.B. No. 1856:
By: Pickett C.S.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 scrap metal recycling
transactions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter I, Chapter 361, Health and Safety
Code, is amended by adding Section 361.2755 to read as follows:
Sec. 361.2755. RECYCLED SCRAP METAL; DEFENSE. (a) In this
section, "scrap metal" has the meaning assigned by 42 U.S.C.
Section 9627(d)(3).
(b) A person who arranges for recycling of scrap metal is
not responsible for the scrap metal under Section 361.271(a)(3) or
(4) if the person can establish by a preponderance of the evidence
that the person meets the criteria established in 42 U.S.C. Section
9627 relating to recycling scrap metal.
SECTION 2. This Act takes effect September 1, 2017.