| 1 | 1 | | 89R5388 CMO-F |
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| 2 | 2 | | By: Jones of Dallas H.B. No. 1463 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the manufacture, transportation, storage, and disposal |
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| 10 | 10 | | of new and scrap tires; authorizing a fee. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. The heading to Section 361.112, Health and |
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| 13 | 13 | | Safety Code, is amended to read as follows: |
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| 14 | 14 | | Sec. 361.112. STORAGE, TRANSPORTATION, AND DISPOSAL OF USED |
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| 15 | 15 | | OR SCRAP TIRES; MANUFACTURER TIRE IDENTIFICATION INFORMATION. |
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| 16 | 16 | | SECTION 2. Section 361.112, Health and Safety Code, is |
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| 17 | 17 | | amended by adding Subsections (g-1), (g-2), (g-3), (g-4), (n), (o), |
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| 18 | 18 | | and (p) to read as follows: |
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| 19 | 19 | | (g-1) Not later than one month after the date a tire is |
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| 20 | 20 | | manufactured in this state, the manufacturer shall submit to the |
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| 21 | 21 | | commission information that uniquely identifies the tire. The |
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| 22 | 22 | | manufacturer may submit the information on a date later than one |
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| 23 | 23 | | month after the tire manufacture date if the manufacturer requests |
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| 24 | 24 | | a later submission date that is approved by the commission. |
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| 25 | 25 | | (g-2) A transporter of scrap tires, storage site, or |
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| 26 | 26 | | disposal and storage facility for scrap tires shall electronically |
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| 27 | 27 | | sign and submit a manifest prepared under this section to the |
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| 28 | 28 | | commission on the initial transfer of each shipment of scrap tires |
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| 29 | 29 | | to the transporter, site, or facility. |
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| 30 | 30 | | (g-3) The commission by rule shall prescribe requirements |
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| 31 | 31 | | for a scrap tire tagging system. A manifest prepared and submitted |
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| 32 | 32 | | under this section must include a reference to the tagging system |
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| 33 | 33 | | and uniquely identify each tire received from a transporter of |
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| 34 | 34 | | scrap tires. |
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| 35 | 35 | | (g-4) A transporter of scrap tires is liable for each scrap |
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| 36 | 36 | | tire transported to a storage site or disposal facility that is not |
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| 37 | 37 | | registered or permitted under this section. The commissioners |
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| 38 | 38 | | court of the county in which the improper storage or disposal of the |
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| 39 | 39 | | scrap tire occurs may impose a fine on the transporter in an amount |
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| 40 | 40 | | not to exceed $500 per tire. |
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| 41 | 41 | | (n) The commissioners court of a county in which is located |
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| 42 | 42 | | a generator of scrap tires who uses an unregistered transporter to |
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| 43 | 43 | | transport tires may: |
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| 44 | 44 | | (1) impose a fine in an amount not to exceed $500 on |
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| 45 | 45 | | the generator for each scrap tire the unregistered transporter |
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| 46 | 46 | | transports; or |
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| 47 | 47 | | (2) suspend or revoke any license or permit to sell |
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| 48 | 48 | | tires the county has issued to the generator. |
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| 49 | 49 | | (o) The commissioners court of a county may: |
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| 50 | 50 | | (1) impose a fee of not more than $5 for each tire |
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| 51 | 51 | | disposal in the county; and |
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| 52 | 52 | | (2) transfer 50 cents of the fee imposed under |
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| 53 | 53 | | Subdivision (1) to the commission. |
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| 54 | 54 | | (p) The commissioners court of a county: |
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| 55 | 55 | | (1) shall deposit a fine or fee collected under this |
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| 56 | 56 | | section into an account administered by the county for the purpose |
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| 57 | 57 | | of disposing of, mitigating the effects from disposal of, and |
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| 58 | 58 | | recycling tires; and |
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| 59 | 59 | | (2) may use any fines or fees collected under this |
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| 60 | 60 | | section to establish a tire recycling facility in the county. |
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| 61 | 61 | | SECTION 3. This Act takes effect September 1, 2025. |
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