Texas 2023 - 88th Regular

Texas House Bill HB3282 Compare Versions

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11 88R23886 MP-F
22 By: Jones of Dallas H.B. No. 3282
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the manufacture, transportation, storage, and disposal
88 of new and scrap tires; authorizing a fee.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. The heading to Section 361.112, Health and
1111 Safety Code, is amended to read as follows:
1212 Sec. 361.112. STORAGE, TRANSPORTATION, AND DISPOSAL OF USED
1313 OR SCRAP TIRES; MANUFACTURER TIRE IDENTIFICATION INFORMATION.
1414 SECTION 2. Section 361.112, Health and Safety Code, is
1515 amended by adding Subsections (g-1), (g-2), (g-3), (g-4), (n), (o),
1616 and (p) to read as follows:
1717 (g-1) Not later than one month after the date a tire is
1818 manufactured in this state, the manufacturer shall submit to the
1919 commission information that uniquely identifies the tire. The
2020 manufacturer may submit the information on a date later than one
2121 month after the tire manufacture date if the manufacturer requests
2222 a later submission date that is approved by the commission.
2323 (g-2) A transporter of scrap tires or a storage site or
2424 disposal and storage facility for scrap tires shall electronically
2525 sign and submit a manifest prepared under this section to the
2626 commission on the initial transfer of each shipment of scrap tires
2727 to the transporter, site, or facility.
2828 (g-3) The commission by rule shall prescribe requirements
2929 for a scrap tire tagging system. A manifest prepared and submitted
3030 under this section must include a reference to the tagging system
3131 and uniquely identify each tire received from a transporter of
3232 scrap tires.
3333 (g-4) A transporter of scrap tires is liable for each scrap
3434 tire transported to a storage site or disposal facility that is not
3535 registered or permitted under this section. The commissioners
3636 court of the county in which the improper storage or disposal of the
3737 scrap tire occurs may impose a fine on the transporter in an amount
3838 not to exceed $500 per tire.
3939 (n) The commissioners court of a county in which is located
4040 a generator of scrap tires who uses an unregistered transporter to
4141 transport tires may:
4242 (1) impose a fine in an amount not to exceed $500 on
4343 the generator for each scrap tire the unregistered transporter
4444 transports; or
4545 (2) suspend or revoke any license or permit to sell
4646 tires the county has issued to the generator.
4747 (o) The commissioners court of a county may:
4848 (1) impose a fee of not more than $5 for each tire
4949 disposal in the county; and
5050 (2) transfer 50 cents of the fee imposed under
5151 Subdivision (1) to the commission.
5252 (p) The commissioners court of a county:
5353 (1) shall deposit a fine or fee collected under this
5454 section into an account administered by the county for the purpose
5555 of disposing of, mitigating the effects from disposal of, and
5656 recycling tires; and
5757 (2) may use any fines or fees collected under this
5858 section to establish a tire recycling facility in the county.
5959 SECTION 3. This Act takes effect September 1, 2023.