By: Gerdes, Orr H.B. No. 3352
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of used and scrap tires by certain
counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 361, Health and Safety
Code, is amended by adding Section 361.1121 to read as follows:
Sec. 361.1121. MARKING USED OR SCRAP TIRES IN CERTAIN
COUNTIES. (a) In this section:
(1) "Generator" includes a fleet operator, a tire
recapper or retreader, or a retailer, wholesaler, or manufacturer
of whole new or used tires. The term does not include a scrap tire
energy recovery facility or a scrap tire recycling facility.
(2) "Retailer" means a person who is engaged in the
business of selling or otherwise placing tires in the stream of
commerce for use on a vehicle, trailer, or piece of equipment.
(3) "Scrap tire" has the meaning assigned by Section
361.112. The term does not include a tire:
(A) in or on a vehicle that:
(i) has been crushed; or
(ii) is being transported to a registered
metal recycling entity or a licensed used automotive parts
recycler; or
(B) that is mounted on a metal wheel that is
intended to be recycled.
(4) "Used tire" means a tire that:
(A) has been used as a tire on a vehicle, trailer,
or piece of equipment;
(B) has tire tread at least one-sixteenth inch
deep;
(C) can still be used for its original intended
purpose; and
(D) meets the visual and tread depth requirements
for used tires established by the Department of Public Safety.
(b) This section applies only to a county with a population
of 150,000 or less.
(c) The commissioners court of a county to which this
section applies may establish and enforce a program requiring a
generator to mark used or scrap tires handled by the generator.
(d) A program established under this section must:
(1) assign to each generator a unique identifying mark
required to be affixed to or imprinted on each scrap or used tire
taken possession of or produced by the generator;
(2) allow a customer to retain a scrap or used tire
removed from the customer's vehicle during the purchase of a tire
from a retailer;
(3) require a retailer whose customer retains a scrap
or used tire to keep a record of the customer's retention; and
(4) include a system to inspect generators for
compliance.
SECTION 2. This Act takes effect September 1, 2023.