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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on the disposal of certain used equipment |
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at a municipal solid waste facility; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.954(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The collection, recycling, and reuse provisions of this |
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subchapter apply to computer equipment used and returned to the |
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manufacturer by a consumer in this state and, except as provided by |
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Section 361.967, do not impose any obligation on an owner or |
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operator of a solid waste facility. |
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SECTION 2. Section 361.966, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 361.966. FEDERAL PREEMPTION; EXPIRATION. (a) If |
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federal law establishes a national program for the collection and |
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recycling of [computer] equipment to which this subchapter applies |
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and the commission determines that the federal law substantially |
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meets the purposes of Sections 361.952 through 361.965 [this
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subchapter], the commission may adopt an agency statement that |
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interprets the federal law as preemptive of those sections [this
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subchapter]. |
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(b) Sections 361.952 through 361.965 expire [This
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subchapter expires] on the date the commission issues a statement |
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under this section. |
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SECTION 3. Subchapter Y, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.967 to read as follows: |
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Sec. 361.967. PROHIBITION ON LAND DISPOSAL OR INCINERATION. |
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(a) In this section, "used equipment" means equipment that is |
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eligible for collection under a manufacturer's recovery plan |
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adopted under Section 361.955. |
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(b) The commission by rule shall prohibit a person from |
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intentionally or knowingly disposing of used equipment in a |
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municipal solid waste landfill or incinerator. |
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(c) An owner or operator of a municipal solid waste landfill |
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or incinerator is not in violation of this section or a rule adopted |
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under this section if the owner or operator has: |
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(1) made a good faith effort to comply with this |
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section; |
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(2) posted in a conspicuous location a sign stating |
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that used equipment is not accepted at the landfill or incinerator; |
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and |
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(3) notified in writing any solid waste collector |
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registered to dispose of waste at the landfill or incinerator that |
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used equipment is not accepted. |
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(d) A penalty may be assessed under Section 7.052, Water |
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Code, for each item of used equipment disposed of or accepted for |
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disposal at a municipal solid waste landfill or incinerator in |
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violation of this section or a rule adopted under this section. |
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SECTION 4. The Texas Commission on Environmental Quality |
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shall adopt rules to implement this Act not later than December 31, |
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2013. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |