Bill Text: TX HB648 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to notice and information provided by a municipal solid waste facility and a commercial transporter of solid waste regarding recycling programs for certain electronic waste.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2013-05-04 - Committee report sent to Calendars [HB648 Detail]
Download: Texas-2013-HB648-Comm_Sub.html
| 83R21222 JRR-D | |||
| By: Farias, Farrar | H.B. No. 648 | ||
| Substitute the following for H.B. No. 648: | |||
| By: Turner of Tarrant | C.S.H.B. No. 648 | ||
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| relating to notice and information provided by a municipal solid | ||
| waste facility and a commercial transporter of solid waste | ||
| regarding recycling programs for certain electronic waste. | ||
| 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 or a transporter of solid waste. | ||
| 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 computer equipment and the commission determines that | ||
| the federal law substantially meets the purposes of Sections | ||
| 361.952 through 361.965 [ |
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| an agency statement that 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. NOTICE AND INFORMATION PROVIDED TO CONSUMER | ||
| BY MUNICIPAL SOLID WASTE FACILITY AND COMMERCIAL TRANSPORTER. (a) | ||
| In this section, "electronic waste" means computer equipment that | ||
| is eligible for collection under a manufacturer's recovery plan | ||
| adopted under Section 361.955. | ||
| (b) An owner or operator of a municipal solid waste landfill | ||
| or a municipal solid waste incinerator shall post in a conspicuous | ||
| location at the landfill or incinerator a sign that encourages | ||
| consumers to recycle electronic waste. An owner or operator is not | ||
| liable for electronic waste collected at the landfill or | ||
| incinerator and is not required to remove electronic waste | ||
| collected. An owner or operator is not in violation of this | ||
| subsection if the owner or operator has made a good faith effort to | ||
| comply with this subsection. | ||
| (c) A commercial transporter of solid waste who transports | ||
| waste to a municipal solid waste landfill or a municipal solid waste | ||
| incinerator shall provide each person who has contracted directly | ||
| with the transporter for the transportation of solid waste an | ||
| informational insert that encourages consumers to recycle | ||
| electronic waste. A commercial transporter must provide the insert | ||
| to each person at least once each year. A commercial transporter is | ||
| not liable for electronic waste carried by the transporter and is | ||
| not required to remove electronic waste collected. A commercial | ||
| transporter is not in violation of this subsection if the | ||
| commercial transporter has made a good faith effort to comply with | ||
| this subsection. This subsection expires December 31, 2015. | ||
| (d) The commission by rule shall develop the sign and | ||
| informational insert required by this section. The sign and insert | ||
| must include information relating to recycling programs for | ||
| electronic waste and the commission's Internet website. | ||
| SECTION 4. Section 361.973(a), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (a) Except as provided by this section and Sections | ||
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| covered television equipment that is: | ||
| (1) offered for sale or sold to a consumer in this | ||
| state; or | ||
| (2) used by a consumer in this state and returned for | ||
| recycling. | ||
| SECTION 5. Subchapter Z, Chapter 361, Health and Safety | ||
| Code, is amended by adding Section 361.993 to read as follows: | ||
| Sec. 361.993. NOTICE AND INFORMATION PROVIDED TO CONSUMER | ||
| BY MUNICIPAL SOLID WASTE FACILITY AND COMMERCIAL TRANSPORTER. (a) | ||
| In this section, "electronic waste" means covered television | ||
| equipment that is eligible for collection under: | ||
| (1) a manufacturer's recovery plan adopted under | ||
| Section 361.978; or | ||
| (2) a manufacturer recycling leadership program | ||
| established under Section 361.979. | ||
| (b) An owner or operator of a municipal solid waste landfill | ||
| or a municipal solid waste incinerator shall post in a conspicuous | ||
| location at the landfill or incinerator a sign that encourages | ||
| consumers to recycle electronic waste. An owner or operator is not | ||
| liable for electronic waste collected at the landfill or | ||
| incinerator and is not required to remove electronic waste | ||
| collected. An owner or operator is not in violation of this | ||
| subsection if the owner or operator has made a good faith effort to | ||
| comply with this subsection. | ||
| (c) A commercial transporter of solid waste who transports | ||
| waste to a municipal solid waste landfill or a municipal solid waste | ||
| incinerator shall provide each person who has contracted directly | ||
| with the transporter for the transportation of solid waste an | ||
| informational insert that encourages consumers to recycle | ||
| electronic waste. A commercial transporter must provide the insert | ||
| to each person at least once each year. A commercial transporter is | ||
| not liable for electronic waste carried by the transporter and is | ||
| not required to remove electronic waste collected. A commercial | ||
| transporter is not in violation of this subsection if the | ||
| commercial transporter has made a good faith effort to comply with | ||
| this subsection. This subsection expires December 31, 2015. | ||
| (d) The commission by rule shall develop the sign and | ||
| informational insert required by this section. The sign and insert | ||
| must include information relating to recycling programs for | ||
| electronic waste and the commission's Internet website. | ||
| SECTION 6. (a) The Texas Commission on Environmental | ||
| Quality shall adopt rules to implement this Act not later than | ||
| December 31, 2013. | ||
| (b) Sections 361.967 and 361.993, Health and Safety Code, as | ||
| added by this Act, apply to an owner or operator of a municipal | ||
| solid waste landfill or incinerator and a transporter of solid | ||
| waste who transports waste to a municipal solid waste landfill or | ||
| incinerator beginning on the effective date of rules adopted by the | ||
| Texas Commission on Environmental Quality under Subsection (a) of | ||
| this section. | ||
| SECTION 7. 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. | ||
