89R5388 CMO-F
By: Jones of Dallas H.B. No. 1463
A BILL TO BE ENTITLED
AN ACT
relating to the manufacture, transportation, storage, and disposal
of new and scrap tires; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 361.112, Health and
Safety Code, is amended to read as follows:
Sec. 361.112. STORAGE, TRANSPORTATION, AND DISPOSAL OF USED
OR SCRAP TIRES; MANUFACTURER TIRE IDENTIFICATION INFORMATION.
SECTION 2. Section 361.112, Health and Safety Code, is
amended by adding Subsections (g-1), (g-2), (g-3), (g-4), (n), (o),
and (p) to read as follows:
(g-1) Not later than one month after the date a tire is
manufactured in this state, the manufacturer shall submit to the
commission information that uniquely identifies the tire. The
manufacturer may submit the information on a date later than one
month after the tire manufacture date if the manufacturer requests
a later submission date that is approved by the commission.
(g-2) A transporter of scrap tires, storage site, or
disposal and storage facility for scrap tires shall electronically
sign and submit a manifest prepared under this section to the
commission on the initial transfer of each shipment of scrap tires
to the transporter, site, or facility.
(g-3) The commission by rule shall prescribe requirements
for a scrap tire tagging system. A manifest prepared and submitted
under this section must include a reference to the tagging system
and uniquely identify each tire received from a transporter of
scrap tires.
(g-4) A transporter of scrap tires is liable for each scrap
tire transported to a storage site or disposal facility that is not
registered or permitted under this section. The commissioners
court of the county in which the improper storage or disposal of the
scrap tire occurs may impose a fine on the transporter in an amount
not to exceed $500 per tire.
(n) The commissioners court of a county in which is located
a generator of scrap tires who uses an unregistered transporter to
transport tires may:
(1) impose a fine in an amount not to exceed $500 on
the generator for each scrap tire the unregistered transporter
transports; or
(2) suspend or revoke any license or permit to sell
tires the county has issued to the generator.
(o) The commissioners court of a county may:
(1) impose a fee of not more than $5 for each tire
disposal in the county; and
(2) transfer 50 cents of the fee imposed under
Subdivision (1) to the commission.
(p) The commissioners court of a county:
(1) shall deposit a fine or fee collected under this
section into an account administered by the county for the purpose
of disposing of, mitigating the effects from disposal of, and
recycling tires; and
(2) may use any fines or fees collected under this
section to establish a tire recycling facility in the county.
SECTION 3. This Act takes effect September 1, 2025.