Bill Text: TX HB3209 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the computer equipment recycling program; creating an offense.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-03-18 - Referred to Environmental Regulation [HB3209 Detail]
Download: Texas-2011-HB3209-Introduced.html
| 82R3637 JAM-F | ||
| By: Harless | H.B. No. 3209 | |
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| relating to the computer equipment recycling program; 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 361.955, Health and Safety Code, is | ||
| amended by amending Subsection (d) and adding Subsection (d-1) to | ||
| read as follows: | ||
| (d) Examples of collection methods that alone or combined | ||
| meet the convenience requirements of this section include: | ||
| (1) a system by which the manufacturer or the | ||
| manufacturer's designee offers the consumer a system for returning | ||
| computer equipment by mail, subject to Subsection (d-1); | ||
| (2) a system using a physical collection site that the | ||
| manufacturer or the manufacturer's designee keeps open and staffed | ||
| and to which the consumer may return computer equipment; and | ||
| (3) a system using a collection event held by the | ||
| manufacturer or the manufacturer's designee at which the consumer | ||
| may return computer equipment. | ||
| (d-1) A collection system that allows for the return of | ||
| computer equipment by mail must also provide at least one | ||
| opportunity for a consumer to return computer equipment at a | ||
| physical collection site or a collection event. | ||
| SECTION 3. Section 361.962, Health and Safety Code, is | ||
| amended to read as follows: | ||
| Sec. 361.962. FEES [ |
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| shall impose an annual fee of $5,000 on each manufacturer of | ||
| equipment to which this subchapter applies. A manufacturer shall | ||
| pay the fee at the time the manufacturer submits the report required | ||
| under Section 361.955(h). | ||
| (b) Except as provided by Subsection (a), this [ |
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| subchapter does not authorize the commission to impose a fee, | ||
| including a recycling fee or registration fee, on a consumer, | ||
| manufacturer, retailer, or person who recycles or reuses computer | ||
| equipment. | ||
| (c) The commission shall deposit fees collected under this | ||
| section to the credit of the electronic waste account established | ||
| under Section 361.9621. | ||
| SECTION 4. Subchapter Y, Chapter 361, Health and Safety | ||
| Code, is amended by adding Section 361.9621 to read as follows: | ||
| Sec. 361.9621. ELECTRONIC WASTE ACCOUNT. (a) The | ||
| electronic waste account is an account in the general revenue fund. | ||
| (b) The account consists of: | ||
| (1) money collected by the commission under this | ||
| subchapter; and | ||
| (2) interest earned on money in the account. | ||
| (c) The commission shall use money deposited to the account | ||
| to maintain a public Internet website that provides consumers with | ||
| information about recycling opportunities in the state. | ||
| SECTION 5. 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) A person may not knowingly dispose of used equipment in | ||
| a municipal solid waste landfill or incinerator. | ||
| (c) The owner or operator of a municipal solid waste | ||
| landfill or incinerator that is permitted under this chapter may | ||
| not intentionally or knowingly accept used equipment for disposal | ||
| or incineration. | ||
| (d) A penalty may be assessed under Section 7.052, Water | ||
| Code, for each item of used equipment disposed of or accepted for | ||
| disposal or incineration at a municipal solid waste landfill or | ||
| incinerator in violation of this section. | ||
| (e) The commission may adopt rules as necessary to enforce | ||
| this section. | ||
| SECTION 6. (a) The Texas Commission on Environmental | ||
| Quality shall adopt any rules required to implement the changes in | ||
| law made by this Act not later than January 1, 2012. | ||
| (b) The fee required by Section 361.962, Health and Safety | ||
| Code, as amended by this Act, is not due for the first time before | ||
| January 31, 2013. | ||
| SECTION 7. (a) Except as provided by Subsection (b) of this | ||
| section, this Act takes effect September 1, 2011. | ||
| (b) Sections 361.967(b) and (c), Health and Safety Code, as | ||
| added by this Act, take effect January 1, 2012. | ||
