By: Lozano H.B. No. 3224
A BILL TO BE ENTITLED
AN ACT
relating to a study on 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. (a) In this section:
(1) "Commission" means the Texas Commission on
Environmental Quality.
(2) "Recyclable material" has the meaning assigned by
42 U.S.C. Section 9627(b).
(b) The commission, in consultation with industry
stakeholders, shall:
(1) conduct a study on the potential impacts of
creating a defense to liability under Section 361.271(a)(3) or (4),
Health and Safety Code, for persons who arrange for recycling of
recyclable material who would not be liable for the recyclable
material under 42 U.S.C. Section 9607(a)(3) or (4) based on the
person meeting the applicable criteria established under 42 U.S.C.
Section 9627; and
(2) propose legislative recommendations based on the
study.
(c) The commission shall establish a workgroup composed of
members determined by the commission and industry stakeholders for
the purpose of assisting the commission in proposing legislative
recommendations under Subsection (b)(2) of this section.
(d) Not later than November 1, 2020, the commission shall
submit to the legislature a report on the findings of the study and
legislative recommendations based on the study.
(e) This Act expires January 1, 2021.
SECTION 2. This Act takes effect September 1, 2019.