Bill Text: TX HB3352 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the regulation of used and scrap tires by certain counties.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2023-05-11 - Referred to Natural Resources & Economic Development [HB3352 Detail]
Download: Texas-2023-HB3352-Introduced.html
Bill Title: Relating to the regulation of used and scrap tires by certain counties.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2023-05-11 - Referred to Natural Resources & Economic Development [HB3352 Detail]
Download: Texas-2023-HB3352-Introduced.html
88R12113 MP-D | ||
By: Gerdes | H.B. No. 3352 |
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relating to the regulation of used and scrap tires by certain | ||
counties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 361, Health and Safety | ||
Code, is amended by adding Section 361.1121 to read as follows: | ||
Sec. 361.1121. MARKING USED OR SCRAP TIRES IN CERTAIN | ||
COUNTIES. (a) In this section: | ||
(1) "Generator" includes a fleet operator, an | ||
automotive dismantler, a tire recapper or retreader, or a retailer, | ||
wholesaler, or manufacturer of whole new or used tires. The term | ||
does not include a scrap tire energy recovery facility or a scrap | ||
tire recycling facility. | ||
(2) "Retailer" means a person who is engaged in the | ||
business of selling or otherwise placing tires in the stream of | ||
commerce for use on a vehicle, trailer, or piece of equipment. | ||
(3) "Scrap tire" has the meaning assigned by Section | ||
361.112. The term does not include a tire: | ||
(A) in or on a vehicle that: | ||
(i) has been crushed; or | ||
(ii) is being transported to a registered | ||
metal recycling entity or a licensed used automotive parts | ||
recycler; or | ||
(B) that is mounted on a metal wheel that is | ||
intended to be recycled. | ||
(4) "Used tire" means a tire that: | ||
(A) has been used as a tire on a vehicle, trailer, | ||
or piece of equipment; | ||
(B) has tire tread at least one-sixteenth inch | ||
deep; | ||
(C) can still be used for its original intended | ||
purpose; and | ||
(D) meets the visual and tread depth requirements | ||
for used tires established by the Department of Public Safety. | ||
(b) This section applies only to a county with a population | ||
of 150,000 or less. | ||
(c) The commissioners court of a county to which this | ||
section applies may establish and enforce a program requiring a | ||
generator to mark used or scrap tires handled by the generator. | ||
(d) A program established under this section must: | ||
(1) assign to each generator a unique identifying mark | ||
required to be affixed to or imprinted on each scrap or used tire, | ||
taken possession of or produced by the generator; | ||
(2) allow a customer to retain a scrap or used tire | ||
removed from the customer's vehicle during the purchase of a tire | ||
from a retailer; | ||
(3) require a retailer whose customer retains a scrap | ||
or used tire to keep a record of the customer's retention; and | ||
(4) include a system to inspect generators for | ||
compliance. | ||
SECTION 2. This Act takes effect September 1, 2023. |