Texas 2017 - 85th Regular

Texas House Bill HB3744 Compare Versions

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

Old	New	Differences
1	1	85R4833 SLB-D
2	2	By: Walle H.B. No. 3744
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of the retention, storage,
8	8	transportation, and disposal of used or scrap tires; providing a
9	9	civil penalty; creating a criminal 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 used or scrap tire generator, including a tire dealer,
18	18	junkyard, or fleet operator, who stores used or scrap tires
19	19	outdoors on its business premises shall store the used or scrap
20	20	tires in a secure manner that locks the tires during nonbusiness
21	21	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. DISPOSITION OF TIRE REMOVED FROM VEHICLE
26	26	DURING PURCHASE OF TIRE. (a) In this section:
27	27	(1) "Scrap tire" has the meaning assigned by Section
28	28	361.112.
29	29	(2) "Seller" means a person who is engaged in the
30	30	business of selling or otherwise placing tires in the stream of
31	31	commerce for use on a vehicle, trailer, or piece of equipment.
32	32	(3) "Used tire" means a tire that:
33	33	(A) has been used as a tire on a vehicle, trailer,
34	34	or piece of equipment;
35	35	(B) has tire tread at least one-sixteenth inch
36	36	deep;
37	37	(C) can still be used for its original intended
38	38	purpose; and
39	39	(D) has been inspected visually and meets the
40	40	visual and tread depth requirements for used tires established by
41	41	the Department of Public Safety.
42	42	(b) A customer may not retain a scrap tire removed from the
43	43	customer's vehicle during the purchase of a tire from a seller.
44	44	(c) A seller who takes possession of a scrap tire from a
45	45	customer during a transaction described by Subsection (b) shall
46	46	store or dispose of the scrap tire according to local and state
47	47	laws, including Section 361.112.
48	48	(d) A customer may retain a used tire removed from the
49	49	customer's vehicle during the purchase of a tire only if the
50	50	customer certifies on a form prescribed by the commission that the
51	51	customer assumes liability for the disposal of the tire.
52	52	(e) A seller shall maintain in a manner accessible to local
53	53	law enforcement agencies and the commission a record of a
54	54	customer's retention of a used tire until at least the third
55	55	anniversary of the date the tire was removed.
56	56	(f) 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	(g) A seller may contract for the transportation of used or
60	60	scrap tires only with a transporter or tire processor who:
61	61	(1) is registered as described by Section 361.1122(b);
62	62	and
63	63	(2) has filed evidence of financial assurance
64	64	according to Sections 361.1122(d) and (e).
65	65	(h) A seller who contracts for the transportation of used or
66	66	scrap tires with a transporter the seller knows to be unregistered
67	67	is:
68	68	(1) jointly and severally liable for any civil penalty
69	69	imposed on the transporter under Subchapter D, Chapter 7, Water
70	70	Code, for the illegal disposal of the tires; and
71	71	(2) criminally responsible, under Chapter 7, Penal
72	72	Code, for an offense involving the tires under Section 365.012 of
73	73	this code committed by the transporter.
74	74	(i) Notwithstanding Sections 7.102 and 7.103, Water Code,
75	75	the amount of a civil penalty for a violation of this section may
76	76	not be less than $1,000 a day for each violation. A separate
77	77	penalty may be imposed for each day a violation occurs.
78	78	(j) The attorney general or the appropriate district or
79	79	county attorney may bring an action against a person under this
80	80	section in the name of the state in a district court in the county in
81	81	which:
82	82	(1) the person resides; or
83	83	(2) the person's principal place of business is
84	84	located.
85	85	Sec. 361.1122. USED OR SCRAP TIRE TRANSPORTERS AND CERTAIN
86	86	TIRE PROCESSORS. (a) In this section:
87	87	(1) "Scrap tire" and "used tire" have the meanings
88	88	assigned by Section 361.1121.
89	89	(2) "Transporter" means a person who collects used or
90	90	scrap tires from another person for the purpose of removal to a used
91	91	tire dealer, scrap tire processor, end user, or disposal facility.
92	92	(b) Except as provided by Subsection (c), a person shall
93	93	register annually with the commission if the person is:
94	94	(1) a transporter; or
95	95	(2) a tire processor that is not required to register
96	96	as a storage site under Section 361.112.
97	97	(c) The following persons are not required to register under
98	98	this section:
99	99	(1) a person who ships used or defective tires back to
100	100	the manufacturer or the manufacturer's representative for
101	101	adjustment, provided that the person retains, until the third
102	102	anniversary of the shipment date, written records of the shipments
103	103	indicating the date of shipment, the destination, and the number of
104	104	tires in each shipment and makes those records available to the
105	105	commission on request;
106	106	(2) an on-site sewage facility installer who is
107	107	registered with the commission and who transports used or scrap
108	108	tires or tire pieces for construction of an on-site sewage disposal
109	109	system, provided that the installer complies with the commission's
110	110	manifest and recordkeeping requirements;
111	111	(3) a retreader who hauls tires from customers for the
112	112	purpose of retreading the tires or who returns tires to customers
113	113	after retreading or recapping, provided that the retreader does not
114	114	haul tires to an authorized facility for used or scrap tire
115	115	collection;
116	116	(4) a person who owns or operates a truck for municipal
117	117	solid waste collection or commercial route collection and handles
118	118	incidental loads of used or scrap tires or tire pieces as part of
119	119	normal household or commercial collection activities;
120	120	(5) a municipality, county, or other governmental
121	121	entity that owns or operates a transport vehicle used to transport
122	122	used or scrap tires to an authorized facility or to a facility used
123	123	by a governmental entity to collect used or scrap tires, provided
124	124	that each load of used or scrap tires is manifested as required by
125	125	the commission;
126	126	(6) a person transporting five or fewer used or scrap
127	127	tires; and
128	128	(7) a person exempt from registration requirements
129	129	under commission rules.
130	130	(d) A transporter or tire processor who is required to
131	131	register with the commission shall provide financial assurance by
132	132	filing with the commission:
133	133	(1) a surety bond obtained from a surety company
134	134	authorized to transact business in this state;
135	135	(2) evidence of an established trust account; or
136	136	(3) an irrevocable letter of credit.
137	137	(e) The bond, trust account, or irrevocable letter of credit
138	138	described by Subsection (d) must be in favor of the state and:
139	139	(1) for a transporter, in an amount of $25,000 or more;
140	140	and
141	141	(2) for a tire processor, in an amount adequate to
142	142	ensure proper cleanup and closure of the site.
143	143	(f) Money that the commission receives from a bond, trust
144	144	account, or letter of credit obtained by a transporter to meet the
145	145	requirements of Subsections (d) and (e) must be used for the cleanup
146	146	of abandoned tire storage sites.
147	147	(g) The commission shall require a transporter to maintain
148	148	records and use a manifest or other appropriate system to assure
149	149	that tires are transported to a storage site that is registered or
150	150	to a site or facility authorized by the commission. The commission
151	151	shall require a transporter to submit to the commission in an
152	152	electronic format an annual report on the records maintained by the
153	153	transporter under this subsection.
154	154	(h) A transporter who fails to submit an annual report under
155	155	Subsection (g) is not eligible to renew the transporter's
156	156	registration.
157	157	(i) The commission shall annually issue a registration
158	158	insignia to each transporter. The transporter shall display the
159	159	insignia on each vehicle used to transport tires under the
160	160	registration. The insignia expires on the first anniversary of the
161	161	date of issuance. The commission may adopt rules for issuing
162	162	duplicate and multiple insignia.
163	163	(j) A county by order may require a transporter to register
164	164	with the county. Registration requirements adopted under this
165	165	subsection must be compatible with and not less stringent than
166	166	rules adopted by the commission under this section.
167	167	SECTION 4. Subchapter E, Chapter 7, Water Code, is amended
168	168	by adding Section 7.1855 to read as follows:
169	169	Sec. 7.1855. VIOLATIONS RELATING TO USED OR SCRAP TIRES.
170	170	(a) A person commits an offense if the person recklessly violates
171	171	Section 361.1121, Health and Safety Code. An offense under this
172	172	subsection is punishable for an individual under Section
173	173	7.187(a)(1)(B) or 7.187(a)(2)(D) or both. An offense under this
174	174	subsection is punishable for a person other than an individual
175	175	under Section 7.187(a)(1)(C).
176	176	(b) A person commits an offense if the person intentionally
177	177	or knowingly violates Section 361.1121, Health and Safety Code. An
178	178	offense under this subsection is punishable for an individual under
179	179	Section 7.187(a)(1)(C) or Section 7.187(a)(2)(E) or both. An
180	180	offense under this subsection is punishable for a person other than
181	181	an individual under Section 7.187(a)(1)(D).
182	182	SECTION 5. Section 7.303(a), Water Code, is amended to read
183	183	as follows:
184	184	(a) This section applies to a license, certificate, or
185	185	registration issued:
186	186	(1) by the commission under:
187	187	(A) Section 26.0301;
188	188	(B) Chapter 37;
189	189	(C) Section 361.0861, 361.092, [or] 361.112, or
190	190	361.1122, Health and Safety Code;
191	191	(D) Chapter 366, 371, or 401, Health and Safety
192	192	Code; or
193	193	(E) Chapter 1903, Occupations Code;
194	194	(2) by a county under Subchapter E, Chapter 361,
195	195	Health and Safety Code; or
196	196	(3) under a rule adopted under any of those
197	197	provisions.
198	198	SECTION 6. Sections 361.112(g) and (k), Health and Safety
199	199	Code, are repealed.
200	200	SECTION 7. Not later than March 1, 2018, the Texas
201	201	Commission on Environmental Quality shall adopt rules necessary to
202	202	implement the changes in law made by this Act.
203	203	SECTION 8. Notwithstanding Section 361.1122, Health and
204	204	Safety Code, as added by this Act, a person is not required to
205	205	register under that section until September 1, 2018.
206	206	SECTION 9. This Act takes effect September 1, 2017.