Bill Text: TX HB1694 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to a prohibition on the disposal of certain used equipment at a municipal solid waste facility; creating an offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-16 - Withdrawn from schedule [HB1694 Detail]
Download: Texas-2013-HB1694-Introduced.html
83R2137 KJM-F | ||
By: Farrar | H.B. No. 1694 |
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relating to a prohibition on the disposal of certain used equipment | ||
at a municipal solid waste facility; creating an offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 361.954(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The collection, recycling, and reuse provisions of this | ||
subchapter apply to computer equipment used and returned to the | ||
manufacturer by a consumer in this state and, except as provided by | ||
Section 361.967, do not impose any obligation on an owner or | ||
operator of a solid waste facility. | ||
SECTION 2. Section 361.966, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 361.966. FEDERAL PREEMPTION; EXPIRATION. (a) If | ||
federal law establishes a national program for the collection and | ||
recycling of [ |
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and the commission determines that the federal law substantially | ||
meets the purposes of Sections 361.952 through 361.965 [ |
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interprets the federal law as preemptive of those sections [ |
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(b) Sections 361.952 through 361.965 expire [ |
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under this section. | ||
SECTION 3. Subchapter Y, Chapter 361, Health and Safety | ||
Code, is amended by adding Section 361.967 to read as follows: | ||
Sec. 361.967. PROHIBITION ON LAND DISPOSAL OR INCINERATION. | ||
(a) In this section, "used equipment" means equipment that is | ||
eligible for collection under a manufacturer's recovery plan | ||
adopted under Section 361.955. | ||
(b) The commission by rule shall prohibit a person from | ||
intentionally or knowingly disposing of used equipment in a | ||
municipal solid waste landfill or incinerator. | ||
(c) An owner or operator of a municipal solid waste landfill | ||
or incinerator is not in violation of this section or a rule adopted | ||
under this section if the owner or operator has: | ||
(1) made a good faith effort to comply with this | ||
section; | ||
(2) posted in a conspicuous location a sign stating | ||
that used equipment is not accepted at the landfill or incinerator; | ||
and | ||
(3) notified in writing any solid waste collector | ||
registered to dispose of waste at the landfill or incinerator that | ||
used equipment is not accepted. | ||
(d) A penalty may be assessed under Section 7.052, Water | ||
Code, for each item of used equipment disposed of or accepted for | ||
disposal at a municipal solid waste landfill or incinerator in | ||
violation of this section or a rule adopted under this section. | ||
SECTION 4. The Texas Commission on Environmental Quality | ||
shall adopt rules to implement this Act not later than December 31, | ||
2013. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. |