By: Jones of Dallas H.B. No. 3282
A BILL TO BE ENTITLED
AN ACT
relating to county authority to mitigate illegal tire disposal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 361.112(g), Health and Safety Code, is
amended by adding the following Subsections:
(g-1) The commission shall require that the manifest in
361.112(g) be completed and submitted to TCEQ within one month of
the manifest's date of initial signature. Notification and approval
of any lapse to this time shall be reported to TCEQ within 40 days of
initial signature.
(g-2) The commission shall require generators,
transporters, and disposal / storage facilities of scrap tires in
361.112(g) to electronically sign and submit the tire manifest to
TCEQ upon initial transfer for each transition of possession of a
scrap tire load.
(g-3) The commission shall hold liable the transporter and
generator in 361.112(g) for each scrap tire improperly disposed of
that was not disposed at an authorized disposal / storage facility.
The commissioner's court may impose a fine on the transporter and
generator not to exceed $500 per tire.
(g-4) The commission shall phase in the requirement of a
standardized tire tagging methodology, incorporated into the tire
manifest, that can uniquely identify all tires from a specific
transporter.
SECTION 2. Section 361.112, Health and Safety Code, is
amended by adding the following Subsections:
(n) The generator will be held liable for the use of
unregistered tire haulers. The commissioners court may impose a
fine on the generator not to exceed $500 per tire or enact the
suspension or revocation of the generator's license to sell tires.
(o) The Commissioners Court of a county may impose a fee of
not more than $5 for the disposal of an individual tire.
(p) All fines and fees collected by a county Commissioners
Court under Section 361.112 shall be deposited into an account
dedicated to the disposition, mitigation, and recycling of tires.
(p-1) Fines and fees collected by a county Commissioners
Court under Section 361.112 may be used to establish a tire
recycling facility in that county.
SECTION 3. This Act takes effect September 1, 2023.