| 1 | 1 | | By: Gerdes, Orr H.B. No. 3352 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the regulation of used and scrap tires by certain |
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| 7 | 7 | | counties. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter C, Chapter 361, Health and Safety |
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| 10 | 10 | | Code, is amended by adding Section 361.1121 to read as follows: |
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| 11 | 11 | | Sec. 361.1121. MARKING USED OR SCRAP TIRES IN CERTAIN |
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| 12 | 12 | | COUNTIES. (a) In this section: |
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| 13 | 13 | | (1) "Generator" includes a fleet operator, a tire |
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| 14 | 14 | | recapper or retreader, or a retailer, wholesaler, or manufacturer |
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| 15 | 15 | | of whole new or used tires. The term does not include a scrap tire |
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| 16 | 16 | | energy recovery facility or a scrap tire recycling facility. |
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| 17 | 17 | | (2) "Retailer" means a person who is engaged in the |
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| 18 | 18 | | business of selling or otherwise placing tires in the stream of |
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| 19 | 19 | | commerce for use on a vehicle, trailer, or piece of equipment. |
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| 20 | 20 | | (3) "Scrap tire" has the meaning assigned by Section |
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| 21 | 21 | | 361.112. The term does not include a tire: |
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| 22 | 22 | | (A) in or on a vehicle that: |
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| 23 | 23 | | (i) has been crushed; or |
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| 24 | 24 | | (ii) is being transported to a registered |
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| 25 | 25 | | metal recycling entity or a licensed used automotive parts |
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| 26 | 26 | | recycler; or |
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| 27 | 27 | | (B) that is mounted on a metal wheel that is |
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| 28 | 28 | | intended to be recycled. |
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| 29 | 29 | | (4) "Used tire" means a tire that: |
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| 30 | 30 | | (A) has been used as a tire on a vehicle, trailer, |
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| 31 | 31 | | or piece of equipment; |
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| 32 | 32 | | (B) has tire tread at least one-sixteenth inch |
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| 33 | 33 | | deep; |
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| 34 | 34 | | (C) can still be used for its original intended |
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| 35 | 35 | | purpose; and |
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| 36 | 36 | | (D) meets the visual and tread depth requirements |
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| 37 | 37 | | for used tires established by the Department of Public Safety. |
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| 38 | 38 | | (b) This section applies only to a county with a population |
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| 39 | 39 | | of 150,000 or less. |
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| 40 | 40 | | (c) The commissioners court of a county to which this |
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| 41 | 41 | | section applies may establish and enforce a program requiring a |
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| 42 | 42 | | generator to mark used or scrap tires handled by the generator. |
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| 43 | 43 | | (d) A program established under this section must: |
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| 44 | 44 | | (1) assign to each generator a unique identifying mark |
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| 45 | 45 | | required to be affixed to or imprinted on each scrap or used tire |
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| 46 | 46 | | taken possession of or produced by the generator; |
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| 47 | 47 | | (2) allow a customer to retain a scrap or used tire |
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| 48 | 48 | | removed from the customer's vehicle during the purchase of a tire |
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| 49 | 49 | | from a retailer; |
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| 50 | 50 | | (3) require a retailer whose customer retains a scrap |
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| 51 | 51 | | or used tire to keep a record of the customer's retention; and |
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| 52 | 52 | | (4) include a system to inspect generators for |
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| 53 | 53 | | compliance. |
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| 54 | 54 | | SECTION 2. This Act takes effect September 1, 2023. |
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