Bill Text: TX SB570 | 2017-2018 | 85th Legislature | Comm Sub
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Bill Title: Relating to the regulation of the retention, storage, transportation, disposal, processing, and reuse of used or scrap tires; providing a civil penalty; creating a criminal offense.
Spectrum: Moderate Partisan Bill (Democrat 9-2)
Status: (Vetoed) 2017-06-15 - Vetoed by the Governor [SB570 Detail]
Download: Texas-2017-SB570-Comm_Sub.html
Bill Title: Relating to the regulation of the retention, storage, transportation, disposal, processing, and reuse of used or scrap tires; providing a civil penalty; creating a criminal offense.
Spectrum: Moderate Partisan Bill (Democrat 9-2)
Status: (Vetoed) 2017-06-15 - Vetoed by the Governor [SB570 Detail]
Download: Texas-2017-SB570-Comm_Sub.html
By: Rodríguez, et al. | S.B. No. 570 | |
(In the Senate - Filed January 20, 2017; February 8, 2017, | ||
read first time and referred to Committee on Natural Resources & | ||
Economic Development; March 23, 2017, reported adversely, with | ||
favorable Committee Substitute by the following vote: Yeas 7, | ||
Nays 3; March 23, 2017, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 570 | By: Rodríguez |
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relating to the regulation of the retention, storage, | ||
transportation, disposal, processing, and reuse of used or scrap | ||
tires; providing a civil penalty; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 361.112, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 361.112. STORAGE[ |
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USED OR SCRAP TIRES; CERTAIN REUSE OF SCRAP TIRES. | ||
SECTION 2. Section 361.112, Health and Safety Code, is | ||
amended by adding Subsections (n) and (o) to read as follows: | ||
(n) A used or scrap tire generator, including a tire dealer, | ||
junkyard, or fleet operator, who stores used or scrap tires | ||
outdoors on its business premises shall store the used or scrap | ||
tires in a locked, secured, or contained manner that protects the | ||
tires from theft. | ||
(o) The commission shall adopt rules to require a person who | ||
uses more than 1,000 used or scrap tires in a construction project | ||
to obtain approval from the commission before the use of the tires | ||
in the project. In evaluating a project for approval under rules | ||
adopted under this section, the commission shall consider potential | ||
effects on human health and the environment. | ||
SECTION 3. Subchapter C, Chapter 361, Health and Safety | ||
Code, is amended by adding Sections 361.1121 and 361.1122 to read as | ||
follows: | ||
Sec. 361.1121. USED OR SCRAP TIRE GENERATORS. (a) In this | ||
section: | ||
(1) "Generator" means 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, including a vehicle that | ||
has been crushed; 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) A customer may not retain a scrap tire removed from the | ||
customer's vehicle during the purchase of a tire from a retailer. | ||
(c) A retailer who takes possession of a scrap tire from a | ||
customer during a transaction described by Subsection (b) shall | ||
store or dispose of the scrap tire according to local and state | ||
laws, including Section 361.112. | ||
(d) A customer may retain a used tire removed from the | ||
customer's vehicle during the purchase of a tire. | ||
(e) A retailer shall post a sign in a location readily | ||
visible to the customer that specifies the requirements for the | ||
disposal of scrap and used tires. | ||
(f) The commission shall develop the language and | ||
specifications for the sign described by Subsection (e) and make | ||
the language and specifications available on the commission's | ||
Internet website. | ||
(g) A generator may contract for the transportation of used | ||
or scrap tires only with a transporter who: | ||
(1) is registered as described by Section 361.1122(b); | ||
and | ||
(2) has filed evidence of financial assurance | ||
according to Sections 361.1122(d) and (e). | ||
(h) A generator who contracts for the transportation of used | ||
or scrap tires with a transporter the generator knows to be | ||
unregistered is: | ||
(1) jointly and severally liable for any civil penalty | ||
imposed on the transporter under Subchapter D, Chapter 7, Water | ||
Code, for the illegal disposal of the tires; and | ||
(2) criminally responsible, under Chapter 7, Penal | ||
Code, for an offense involving the tires under Section 365.012 of | ||
this code committed by the transporter. | ||
(i) Notwithstanding Sections 7.102 and 7.103, Water Code, | ||
the amount of a civil penalty for a violation of this section may | ||
not be less than $1,000 a day for each violation. A separate | ||
penalty may be imposed for each day a violation occurs. | ||
Sec. 361.1122. USED OR SCRAP TIRE TRANSPORTERS AND CERTAIN | ||
TIRE PROCESSORS. (a) In this section: | ||
(1) "Scrap tire" and "used tire" have the meanings | ||
assigned by Section 361.1121. | ||
(2) "Transporter" means a person who collects used or | ||
scrap tires from another person for the purpose of removal to a used | ||
tire dealer, scrap tire processor, end user, or disposal facility. | ||
(b) Except as provided by Subsection (c), a person shall | ||
register annually with the commission if the person is: | ||
(1) a transporter; or | ||
(2) a tire processor that is not required to register | ||
as a storage site under Section 361.112. | ||
(c) The following persons are not required to register under | ||
this section: | ||
(1) a person who ships used or defective tires back to | ||
the manufacturer or the manufacturer's representative for | ||
adjustment, provided that the person retains, until the third | ||
anniversary of the shipment date, written records of the shipments | ||
indicating the date of shipment, the destination, and the number of | ||
tires in each shipment and makes those records available to the | ||
commission on request; | ||
(2) an on-site sewage facility installer who is | ||
registered with the commission and who transports used or scrap | ||
tires or tire pieces for construction of an on-site sewage disposal | ||
system, provided that the installer complies with the commission's | ||
manifest and recordkeeping requirements; | ||
(3) a retreader who hauls tires from customers for the | ||
purpose of retreading the tires or who returns tires to customers | ||
after retreading or recapping, provided that the retreader does not | ||
haul tires to an authorized facility for used or scrap tire | ||
collection; | ||
(4) a person who owns or operates a truck for municipal | ||
solid waste collection or commercial route collection and handles | ||
incidental loads of used or scrap tires or tire pieces as part of | ||
normal household or commercial collection activities; | ||
(5) a municipality, county, or other governmental | ||
entity that owns or operates a transport vehicle used to transport | ||
used or scrap tires to an authorized facility or to a facility used | ||
by a governmental entity to collect used or scrap tires, provided | ||
that each load of used or scrap tires is manifested as required by | ||
the commission; | ||
(6) a generator, as that term is defined in Section | ||
361.1121, transporting the generator's used or scrap tires: | ||
(A) between business locations owned or | ||
controlled by the generator; or | ||
(B) to a facility authorized by the commission to | ||
receive used or scrap tires; | ||
(7) a person transporting five or fewer used or scrap | ||
tires; and | ||
(8) a person exempt from registration requirements | ||
under commission rules. | ||
(d) A transporter or tire processor who is required to | ||
register with the commission shall provide financial assurance by | ||
filing with the commission: | ||
(1) a surety bond obtained from a surety company | ||
authorized to transact business in this state; | ||
(2) evidence of an established trust account; or | ||
(3) an irrevocable letter of credit. | ||
(e) The bond, trust account, or irrevocable letter of credit | ||
described by Subsection (d) must be in favor of the state and: | ||
(1) for a transporter, in an amount of $25,000 or more; | ||
and | ||
(2) for a tire processor, in an amount adequate to | ||
ensure proper cleanup and closure of the site. | ||
(f) Money that the commission receives from a bond, trust | ||
account, or irrevocable letter of credit obtained by a transporter | ||
to meet the requirements of Subsections (d) and (e) must be used for | ||
the cleanup of unauthorized tire sites where the transporter has | ||
delivered tires. | ||
(g) The commission shall require a transporter and a | ||
generator who transports used or scrap tires to maintain records | ||
and use a manifest or other appropriate system to assure that tires | ||
are transported to a storage site that is registered or to a site or | ||
facility authorized by the commission. | ||
(h) The commission shall require a transporter to submit to | ||
the commission in an electronic format an annual report on the | ||
records maintained by the transporter under this subsection. A | ||
transporter who fails to submit an annual report under this | ||
subsection is not eligible to renew the transporter's registration. | ||
(i) The commission shall annually issue a registration | ||
insignia to each transporter. The transporter shall display the | ||
insignia on each vehicle used to transport tires under the | ||
registration. The insignia expires annually on a date specified by | ||
the commission. The commission may adopt rules for issuing | ||
duplicate and multiple insignia. | ||
SECTION 4. Subchapter E, Chapter 7, Water Code, is amended | ||
by adding Sections 7.1855 and 7.1856 to read as follows: | ||
Sec. 7.1855. RECKLESS VIOLATIONS RELATING TO USED OR SCRAP | ||
TIRES. (a) A person commits an offense if the person recklessly | ||
violates: | ||
(1) Section 361.112, 361.1121, or 361.1122, Health and | ||
Safety Code; or | ||
(2) a rule adopted under or the terms of an order, | ||
permit, or exception granted or issued under Chapter 361, Health | ||
and Safety Code, relating to used or scrap tires. | ||
(b) An offense under this section is punishable for an | ||
individual under Section 7.187(a)(1)(B) or 7.187(a)(2)(D) or both. | ||
(c) An offense under this section is punishable for a person | ||
other than an individual under Section 7.187(a)(1)(C). | ||
Sec. 7.1856. INTENTIONAL OR KNOWING VIOLATIONS RELATING TO | ||
USED OR SCRAP TIRES. (a) A person commits an offense if the person | ||
intentionally or knowingly violates: | ||
(1) Section 361.112, 361.1121, or 361.1122, Health and | ||
Safety Code; or | ||
(2) a rule adopted under or the terms of an order, | ||
permit, or exception granted or issued under Chapter 361, Health | ||
and Safety Code, relating to used or scrap tires. | ||
(b) An offense under this section is punishable for an | ||
individual under Section 7.187(a)(1)(C) or Section 7.187(a)(2)(E) | ||
or both. | ||
(c) An offense under this section is punishable for a person | ||
other than an individual under Section 7.187(a)(1)(D). | ||
SECTION 5. Section 7.303(a), Water Code, is amended to read | ||
as follows: | ||
(a) This section applies to a license, certificate, or | ||
registration issued: | ||
(1) by the commission under: | ||
(A) Section 26.0301; | ||
(B) Chapter 37; | ||
(C) Section 361.0861, 361.092, [ |
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361.1122, Health and Safety Code; | ||
(D) Chapter 366, 371, or 401, Health and Safety | ||
Code; or | ||
(E) Chapter 1903, Occupations Code; | ||
(2) by a county under Subchapter E, Chapter 361, | ||
Health and Safety Code; or | ||
(3) under a rule adopted under any of those | ||
provisions. | ||
SECTION 6. Sections 361.112(g) and (k), Health and Safety | ||
Code, are repealed. | ||
SECTION 7. Not later than March 1, 2018, the Texas | ||
Commission on Environmental Quality shall adopt rules necessary to | ||
implement the changes in law made by this Act. | ||
SECTION 8. Notwithstanding Section 361.1122, Health and | ||
Safety Code, as added by this Act, a person is not required to | ||
register under that section until September 1, 2018. | ||
SECTION 9. This Act takes effect September 1, 2017. | ||
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