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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the storage, transportation, processing, and disposal |
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| 8 | 8 | | of scrap tires. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 361.085, Health and Safety Code, is |
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| 11 | 11 | | amended by amending Subsections (k) and (l) and adding Subsections |
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| 12 | 12 | | (k-1) and (m) to read as follows: |
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| 13 | 13 | | (k) The commission shall require a bond or other financial |
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| 14 | 14 | | assurance as a condition of issuing a registration for the |
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| 15 | 15 | | transportation, storage, or processing of scrap tires, as that term |
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| 16 | 16 | | is defined in Section 361.112. The amount of the bond or other |
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| 17 | 17 | | financial assurance required must be sufficient to cover the |
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| 18 | 18 | | reasonable expenses of an immediate remedial or removal action |
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| 19 | 19 | | under Section 361.1125. |
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| 20 | 20 | | (k-1) A registered tire processor utilizing the tires for |
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| 21 | 21 | | energy recovery at an on-site cement kiln and other energy recovery |
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| 22 | 22 | | facilities the commission identifies by rule are not required to |
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| 23 | 23 | | provide financial assurance under this section. |
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| 24 | 24 | | (l) The commission may require financial assurance as |
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| 25 | 25 | | a condition of issuing a permit or registration for the collection, |
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| 26 | 26 | | transportation, or processing of grit trap waste or grease trap |
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| 27 | 27 | | waste. The amount of financial assurance required must be |
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| 28 | 28 | | consistent with the degree and duration of risk associated with the |
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| 29 | 29 | | type of waste authorized to be collected, transported, or |
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| 30 | 30 | | processed. |
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| 31 | 31 | | (m) [(l)] If the commission requires financial |
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| 32 | 32 | | assurance as a condition of a permit or registration under |
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| 33 | 33 | | Subsection (l) [(k)], provision of that financial assurance also |
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| 34 | 34 | | satisfies any requirement for financial assurance under Chapter |
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| 35 | 35 | | 368. |
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| 36 | 36 | | SECTION 2. Section 361.112, Health and Safety Code, is |
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| 37 | 37 | | amended by adding Subsections (g-1) and (g-2) to read as follows: |
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| 38 | 38 | | (g-1) The commission shall issue a registration insignia to |
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| 39 | 39 | | each transporter. The transporter shall display the insignia on |
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| 40 | 40 | | each vehicle used to transport tires under the registration. The |
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| 41 | 41 | | insignia expires annually on a date specified by the commission. |
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| 42 | 42 | | The commission may adopt rules for issuing duplicate and multiple |
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| 43 | 43 | | insignia. |
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| 44 | 44 | | (g-2) The commission shall require a transporter to submit |
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| 45 | 45 | | an annual report on the records maintained by the transporter to the |
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| 46 | 46 | | commission in an electronic format using a form developed by the |
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| 47 | 47 | | commission. A transporter who fails to submit an annual report |
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| 48 | 48 | | under this subsection is not eligible to receive the annual |
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| 49 | 49 | | registration insignia and is subject to revocation of the |
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| 50 | 50 | | registration. |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2019. |
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