Bill Text: TX HB88 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the sale, recovery, and recycling of certain television equipment; providing administrative penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-09 - Referred to Environmental Regulation [HB88 Detail]
Download: Texas-2011-HB88-Introduced.html
82R776 KJM-F | ||
By: Cook | H.B. No. 88 |
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relating to the sale, recovery, and recycling of certain television | ||
equipment; providing administrative penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 361, Health and Safety Code, is amended | ||
by adding Subchapter Z to read as follows: | ||
SUBCHAPTER Z. TELEVISION EQUIPMENT RECYCLING PROGRAM | ||
Sec. 361.971. DEFINITIONS. In this subchapter: | ||
(1) "Brand" has the meaning assigned by Section | ||
361.952. | ||
(2) "Consumer" means an individual who uses covered | ||
television equipment that is purchased primarily for personal or | ||
home business use. | ||
(3) "Covered television equipment" means the | ||
following equipment marketed to and intended for consumers: | ||
(A) a direct view or projection television with a | ||
viewable screen of nine inches or larger whose display technology | ||
is based on cathode ray tube, plasma, liquid crystal, digital light | ||
processing, liquid crystal on silicon, silicon crystal reflective | ||
display, light-emitting diode, or similar technology; or | ||
(B) a display device that is peripheral to a | ||
computer that contains a television tuner. | ||
(4) "Market share allocation" means the quantity of | ||
covered television equipment, by weight, that an individual | ||
manufacturer is responsible for collecting, transporting, and | ||
recycling, as computed by the commission under Section 361.981(g). | ||
(5) "Recycling" means any process by which equipment | ||
that would otherwise become solid waste or hazardous waste is | ||
collected, separated, and refurbished for reuse or processed to be | ||
returned to use in the form of raw material or products. The term | ||
does not include incineration. | ||
(6) "Retailer" means a person who owns or operates a | ||
business that sells new covered television equipment by any means | ||
directly to a consumer. | ||
(7) "Television" means an electronic device that | ||
contains a tuner that locks onto a selected carrier frequency and is | ||
capable of receiving and displaying video programming from a | ||
broadcast, cable, or satellite source. | ||
(8) "Television manufacturer" means a person that: | ||
(A) manufactures covered television equipment | ||
under a brand the person owns or is licensed to use; | ||
(B) manufactures covered television equipment | ||
without affixing a brand; | ||
(C) resells covered television equipment | ||
produced by other suppliers under a brand the person owns or is | ||
licensed to use; | ||
(D) imports covered television equipment into | ||
the United States for sale, except that if a company from which an | ||
importer purchases the equipment has a presence or assets in the | ||
United States, that company is considered to be the manufacturer of | ||
the television equipment; | ||
(E) manufactures covered television equipment, | ||
supplies it to any person within a distribution network that | ||
includes a wholesaler or retailer, and benefits from the sale of the | ||
covered television equipment through that distribution network; or | ||
(F) assumes the responsibilities of a television | ||
manufacturer under this subchapter. | ||
Sec. 361.972. LEGISLATIVE FINDINGS AND PURPOSE. The | ||
purpose of this subchapter is to establish a comprehensive, | ||
convenient, and environmentally sound program for the collection | ||
and recycling of television equipment. The program is based on | ||
individual manufacturer responsibility and shared responsibility | ||
among consumers, retailers, and the government of this state. | ||
Sec. 361.973. APPLICABILITY. (a) Except as provided by | ||
this section and Section 361.988, this subchapter applies only to | ||
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. | ||
(b) This subchapter does not apply to: | ||
(1) computer equipment as that term is defined by | ||
Section 361.952; | ||
(2) any part of a motor vehicle, including a | ||
replacement part; | ||
(3) a device that is functionally or physically part | ||
of or connected to another system or piece of equipment: | ||
(A) designed and intended for use in an | ||
industrial, governmental, commercial, research and development, or | ||
medical setting, including diagnostic monitoring or control | ||
equipment; or | ||
(B) used for security, sensing, monitoring, | ||
antiterrorism, or emergency services purposes; | ||
(4) a device that is contained in exercise equipment | ||
intended for home use or an appliance intended for home use | ||
including a clothes washer, clothes dryer, refrigerator, | ||
refrigerator and freezer, microwave oven, conventional oven or | ||
range, dishwasher, room air conditioner, dehumidifier, and air | ||
purifier; | ||
(5) a telephone of any type; | ||
(6) a personal digital assistant; | ||
(7) a global positioning system; | ||
(8) a consumer's lease of covered television equipment | ||
or a consumer's use of covered television equipment under a lease | ||
agreement; or | ||
(9) the sale or lease of covered television equipment | ||
to an entity when the television manufacturer and the entity enter | ||
into a contract that effectively addresses the recycling of | ||
equipment that has reached the end of its useful life. | ||
Sec. 361.974. SALES PROHIBITION. A person may not offer for | ||
sale in this state new covered television equipment unless the | ||
equipment has been labeled in compliance with Section 361.975. | ||
Sec. 361.975. MANUFACTURER'S LABELING REQUIREMENT. A | ||
television manufacturer may sell or offer for sale in this state | ||
only covered television equipment that is labeled with the | ||
television manufacturer's brand. The label must be permanently | ||
affixed and readily visible. | ||
Sec. 361.976. MANUFACTURERS' REGISTRATION AND REPORTING. | ||
(a) A manufacturer of covered television equipment shall register | ||
with the commission and pay a registration fee of $2,500. A | ||
registered television manufacturer shall renew the registration | ||
and pay the fee on or before January 31 of each year. The | ||
registration or registration renewal must include: | ||
(1) a list of all brands the television manufacturer | ||
uses in this state on covered television equipment regardless of | ||
whether the television manufacturer owns or is licensed to use the | ||
brand; and | ||
(2) contact information for the person the commission | ||
may contact regarding the television manufacturer's activities to | ||
comply with this subchapter. | ||
(b) Not later than January 31 of each year, each registered | ||
television manufacturer of covered television equipment shall | ||
report to the commission: | ||
(1) the total weight of covered television equipment | ||
for which the television manufacturer is responsible that was sold | ||
in this state during the preceding calendar year or, if the | ||
manufacturer does not track the weight of covered television | ||
equipment it sells by state, the television manufacturer may report | ||
the total amount of covered television equipment the television | ||
manufacturer sold nationally in the preceding calendar year; and | ||
(2) the total weight of covered television equipment | ||
the manufacturer collected and recycled in this state during the | ||
preceding calendar year. | ||
Sec. 361.977. MANUFACTURER'S RECOVERY PLAN AND RELATED | ||
RESPONSIBILITIES. (a) Each television manufacturer of covered | ||
television equipment sold in this state shall, individually or as a | ||
member of a group of television manufacturers, submit to the | ||
commission a recovery plan to collect, transport, and recycle | ||
covered television equipment. | ||
(b) An individual television manufacturer that submits a | ||
recovery plan under Subsection (a) shall collect, transport, and | ||
recycle covered television equipment. Beginning with the | ||
television manufacturer's second year of registration, the | ||
individual television manufacturer shall collect, transport, and | ||
recycle the quantity of covered television equipment computed by | ||
the commission as the manufacturer's market share allocation. | ||
(c) A group of television manufacturers that submits a | ||
recovery plan under Subsection (a) shall collect, transport, and | ||
recycle covered television equipment. Beginning the second year of | ||
registration for a group of television manufacturers, the group of | ||
television manufacturers shall collect, transport, and recycle a | ||
quantity of covered television equipment equal to the sum of the | ||
combined market share allocations of the group's participants. | ||
(d) A recovery plan under Subsection (a) must include at a | ||
minimum: | ||
(1) a statement of whether the television manufacturer | ||
intends to collect and recycle its market share allocation through | ||
operation of its program, individually or in partnership with other | ||
television manufacturers; | ||
(2) beginning with the television manufacturer's | ||
second year of registration, the total weight of covered television | ||
equipment collected, transported, and recycled by or on behalf of | ||
the television manufacturer during the preceding year; and | ||
(3) collection methods that allow a consumer to | ||
recycle television equipment without paying a separate fee at the | ||
time of recycling. | ||
(e) The commission shall review the recovery plan for | ||
satisfaction of the requirements of this subchapter. If the | ||
registration and recovery plan are complete, the commission shall | ||
include the television manufacturer on the commission's Internet | ||
website listing as provided by Section 361.981(a). The commission | ||
may reject the recovery plan if it does not meet all requirements of | ||
this subchapter. | ||
Sec. 361.978. RETAILER RESPONSIBILITY. (a) A retailer may | ||
order and sell only products from a television manufacturer that is | ||
included on the list published under Section 361.981(a) that | ||
identifies manufacturers whose recovery plans have been approved by | ||
the commission. A retailer shall consult that list before ordering | ||
covered television equipment in this state. A retailer is | ||
considered to have complied with this subsection and may sell a | ||
product in the retailer's inventory if, on the date the product was | ||
ordered from the manufacturer, the manufacturer was listed on the | ||
Internet website described by Section 361.981(a) as having an | ||
approved recovery plan. | ||
(b) A person who is a retailer of covered television | ||
equipment shall provide to consumers in writing the information | ||
published by the commission regarding the legal disposition and | ||
recycling of television equipment. The information may be included | ||
with the sales receipt or as part of the packaging of the equipment. | ||
Alternatively, the retailer may provide the information required by | ||
this subsection through a toll-free telephone number and address of | ||
an Internet website provided to consumers. | ||
(c) This subchapter does not require a retailer to collect | ||
covered television equipment for recycling. | ||
Sec. 361.979. RECYCLER RESPONSIBILITIES. (a) A person who | ||
is engaged in the business of recycling covered television | ||
equipment in this state shall: | ||
(1) register with the commission and certify that the | ||
person is in compliance with the standards adopted under Section | ||
361.987; | ||
(2) on or before January 31 of each year renew the | ||
registration with the commission and certify the person's continued | ||
compliance with the standards adopted under Section 361.987; | ||
(3) recycle all covered television equipment accepted | ||
for recycling in accordance with the standards adopted under | ||
Section 361.987; | ||
(4) maintain a written log recording the weight of all | ||
covered television equipment received by the person and the | ||
disposition of that equipment; | ||
(5) obtain and retain documentation in accordance with | ||
commission rules that covered television equipment received for | ||
recycling was last used by a consumer in this state; and | ||
(6) annually report to the commission the total weight | ||
of covered television equipment received and recycled by the person | ||
in the preceding 12 months. | ||
(b) The commission may impose a fee for registration under | ||
this section in an amount necessary to recover the costs of | ||
registrations under this section. | ||
Sec. 361.980. LIABILITY. (a) A television manufacturer, | ||
retailer, or person who recycles covered television equipment is | ||
not liable in any way for information in any form that a consumer | ||
leaves on covered television equipment that is collected or | ||
recycled under this subchapter. | ||
(b) This subchapter does not exempt a person from liability | ||
under other law. | ||
Sec. 361.981. COMMISSION RESPONSIBILITIES. (a) The | ||
commission shall publish on a publicly accessible Internet website: | ||
(1) a list of television manufacturers who have | ||
registered with the commission; and | ||
(2) a list of television manufacturers who are in full | ||
compliance with this subchapter. | ||
(b) The commission shall remove manufacturers no longer in | ||
compliance with this subchapter from the Internet website once each | ||
calendar quarter. | ||
(c) The commission shall educate consumers regarding the | ||
collection and recycling of covered television equipment. | ||
(d) The commission shall host or designate another person to | ||
host an Internet website and shall provide a toll-free telephone | ||
number to provide consumers with information about the recycling of | ||
covered television equipment, including best management practices | ||
and information about or links to information about: | ||
(1) television manufacturers' collection and | ||
recycling programs, including television manufacturers' recovery | ||
plans; and | ||
(2) covered television equipment collection events, | ||
collection sites, and community television equipment recycling | ||
programs. | ||
(e) Information about collection and recycling provided on | ||
a television manufacturer's publicly available Internet website | ||
and through a toll-free telephone number does not constitute a | ||
determination by the commission that the manufacturer's recovery | ||
plan or actual practices are in compliance with this subchapter or | ||
other law. | ||
(f) Not later than February 15 of each year, the commission | ||
shall establish the state recycling rate by computing the ratio of | ||
the weight of total returns of covered television equipment in this | ||
state to the total weight of covered television equipment sold in | ||
this state during the preceding year. | ||
(g) Not later than March 1 of each year, the commission | ||
shall compute and provide to each registered television | ||
manufacturer the manufacturer's market share allocation for | ||
collection, recycling, and transportation for that year. A | ||
television manufacturer's market share allocation equals the | ||
weight of the television manufacturer's covered television | ||
equipment sold in this state during the preceding calendar year | ||
multiplied by the state recycling rate determined under Subsection | ||
(f). | ||
(h) The commission shall provide to each county and | ||
municipality of this state information regarding the legal disposal | ||
and recycling of covered television equipment. The information | ||
must be provided in writing. | ||
Sec. 361.982. ENFORCEMENT. (a) The commission may conduct | ||
audits and inspections to ensure compliance with this subchapter | ||
and rules adopted under this subchapter. | ||
(b) The commission and the attorney general, as | ||
appropriate, shall enforce this subchapter and, except as provided | ||
by Subsections (d) and (e), take enforcement action against a | ||
television manufacturer, a retailer, or a person who recycles | ||
covered television equipment. | ||
(c) The executive director or the attorney general may | ||
institute a suit under Section 7.032, Water Code, to enjoin an | ||
activity related to the sale of covered television equipment in | ||
violation of this subchapter. | ||
(d) The commission shall issue a warning notice to a person | ||
on the person's first violation of this subchapter. The person must | ||
comply with this subchapter not later than the 60th day after the | ||
date the warning notice is issued. | ||
(e) A retailer who receives a warning notice from the | ||
commission that the retailer's inventory violates this subchapter | ||
because it includes covered television equipment from a television | ||
manufacturer that is not in compliance with this subchapter must | ||
bring the inventory into compliance with this subchapter not later | ||
than the 60th day after the date the warning notice is issued. | ||
Sec. 361.983. FINANCIAL AND PROPRIETARY INFORMATION. | ||
Financial or proprietary information submitted to the commission | ||
under this subchapter is exempt from public disclosure under | ||
Chapter 552, Government Code. | ||
Sec. 361.984. ANNUAL REPORT TO LEGISLATURE. (a) The | ||
commission shall compile information from manufacturers and issue | ||
an electronic report to the committee in each house of the | ||
legislature having primary jurisdiction over environmental matters | ||
not later than March 1 of each year. | ||
(b) The report must include: | ||
(1) collection information provided to the commission | ||
by each manufacturer's annual report required by Section | ||
361.976(b); | ||
(2) a summary of comments that have been received from | ||
stakeholders such as television manufacturers, electronic | ||
equipment recyclers, local governments, and nonprofit | ||
organizations; | ||
(3) a comparison of the amount of television equipment | ||
collected in other states that have television equipment recycling | ||
programs to the amount of television equipment collected in this | ||
state; and | ||
(4) any other information that would assist the | ||
legislature in evaluating the effectiveness of this subchapter. | ||
Sec. 361.985. FEES. (a) Except as provided by Sections | ||
361.976(a) and 361.979(b), this subchapter does not authorize the | ||
commission to impose a fee, including a recycling fee, on a | ||
consumer, television manufacturer, retailer, or person who | ||
recycles covered television equipment. | ||
(b) Fees or costs collected under this subchapter may be | ||
used by the commission only to implement this subchapter. | ||
Sec. 361.986. CONSUMER RESPONSIBILITIES. (a) A consumer | ||
is responsible for any information in any form left on the | ||
consumer's covered television equipment that is collected or | ||
recycled. | ||
(b) A consumer is encouraged to learn about recommended | ||
methods for recycling of covered television equipment that has | ||
reached the end of its useful life by visiting the commission's and | ||
television manufacturers' Internet websites or calling their | ||
toll-free telephone numbers. | ||
Sec. 361.987. MANAGEMENT OF COLLECTED TELEVISION | ||
EQUIPMENT. (a) Covered television equipment collected under this | ||
subchapter must be disposed of or recycled in a manner that complies | ||
with federal, state, and local law. | ||
(b) The commission shall adopt as standards for recycling of | ||
covered television equipment in this state the standards provided | ||
by "Electronics Recycling Operating Practices" as approved by the | ||
board of directors of the Institute of Scrap Recycling Industries, | ||
Inc., April 25, 2006, or other standards from a comparable | ||
nationally recognized organization. | ||
Sec. 361.988. STATE PROCUREMENT REQUIREMENTS. (a) In this | ||
section, "state agency" has the meaning assigned by Section | ||
2052.101, Government Code. | ||
(b) A person who submits a bid for a contract with a state | ||
agency for the purchase or lease of covered television equipment | ||
must be in compliance with this subchapter. | ||
(c) A state agency that purchases or leases covered | ||
television equipment shall require a prospective bidder to certify | ||
the bidder's compliance with this subchapter before the agency may | ||
accept the prospective bidder's bid. | ||
(d) In considering bids for a contract for covered | ||
television equipment, in addition to any other preferences provided | ||
under other laws of this state, the state shall give special | ||
preference to a manufacturer that: | ||
(1) through its recovery plan collects more than its | ||
market share allocation; or | ||
(2) provides collection sites or recycling events in | ||
any county located in a council of governments region in which there | ||
are fewer than six permanent collection sites open at least twice | ||
each month. | ||
(e) The comptroller shall adopt rules to implement this | ||
section. | ||
Sec. 361.989. FEDERAL PREEMPTION; EXPIRATION. (a) If | ||
federal law establishes a national program for the collection and | ||
recycling of covered television equipment and the commission | ||
determines that the federal law substantially meets the purposes of | ||
this subchapter, the commission may adopt an agency statement that | ||
interprets the federal law as preemptive of this subchapter. | ||
(b) This subchapter expires on the date the commission | ||
issues a statement under this section. | ||
SECTION 2. Sections 7.052(b-1) and (b-2), Water Code, are | ||
amended to read as follows: | ||
(b-1) The amount of the penalty assessed against a | ||
manufacturer that does not label its computer equipment or covered | ||
television equipment or adopt and implement a recovery plan as | ||
required by Section 361.955, 361.975, or 361.977, Health and Safety | ||
Code, as applicable, may not exceed $10,000 for the second | ||
violation or $25,000 for each subsequent violation. A penalty | ||
under this subsection is in addition to any other penalty that may | ||
be assessed for a violation of Subchapter Y or Z, Chapter 361, | ||
Health and Safety Code. | ||
(b-2) Except as provided by Subsection (b-1), the amount of | ||
the penalty for a violation of Subchapter Y or Z, Chapter 361, | ||
Health and Safety Code, may not exceed $1,000 for the second | ||
violation or $2,000 for each subsequent violation. A penalty under | ||
this subsection is in addition to any other penalty that may be | ||
assessed for a violation of Subchapter Y or Z, Chapter 361, Health | ||
and Safety Code. | ||
SECTION 3. (a) The Texas Commission on Environmental | ||
Quality shall adopt any rules required to implement this Act not | ||
later than May 1, 2012. | ||
(b) This Act may not be enforced before September 1, 2012. | ||
(c) A report required under Section 361.976, Health and | ||
Safety Code, as added by this Act, is not required to be prepared or | ||
submitted for the first time before the date specified by that | ||
section in 2014. | ||
(d) Notwithstanding Section 361.982, Health and Safety | ||
Code, as added by this Act, a retailer of television equipment may | ||
sell television equipment inventory that the retailer acquired | ||
before the effective date of this Act without incurring a penalty. | ||
(e) A retailer of covered television equipment is not | ||
required to provide the information described by Section | ||
361.978(b), Health and Safety Code, as added by this Act, before the | ||
date on which the Texas Commission on Environmental Quality rules | ||
implementing this Act take effect. | ||
SECTION 4. This Act takes effect September 1, 2011. |