Bill Text: TX SB615 | 2011-2012 | 82nd Legislature | Engrossed

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Bill Title: Relating to requiring a retail seller of motor vehicle tires to render certain tires unusable and to the regulation of scrap tires; providing civil penalties.

Sponsorship: Slight Partisan Bill (Republican 4-2)

Status: (Engrossed - Dead) 2011-05-24 - Placed on General State Calendar [SB615 Detail]

Download: Texas-2011-SB615-Engrossed.html

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By: Rodriguez, Wentworth S.B. No. 615

A BILL TO BE ENTITLED
AN ACT
relating to requiring a retail seller of motor vehicle tires to
render certain tires unusable and to the regulation of scrap tires;
providing civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
amended by adding Chapter 106 to read as follows:
CHAPTER 106. REQUIREMENTS FOR RETAIL SELLERS OF MOTOR VEHICLE
TIRES
Sec. 106.001. DEFINITION. In this chapter, "dealer" has
the meaning assigned by Section 503.001, Transportation Code.
Sec. 106.002. RENDERING CERTAIN MOTOR VEHICLE TIRES
UNUSABLE. (a) A business that sells new or used tires at retail
for use on a motor vehicle shall render as unusable on a motor
vehicle a tire held as inventory or purchased or received in
exchange from a customer if the tire does not meet the inspection
criteria adopted by rule of the Department of Public Safety under
Section 548.002, Transportation Code. The business shall render
the tire unusable by:
(1) puncturing a hole at least two inches in diameter
through the body of the tire so that the tire cannot be temporarily
repaired by the use of blowout patches or boots; or
(2) taking any other action necessary to prevent the
tire from being used on a motor vehicle.
(b) This section does not apply to a tire that:
(1) remains mounted on the wheel of a motor vehicle
that is:
(A) held as inventory by a dealer; or
(B) purchased or received in exchange by a dealer
as part of a motor vehicle retail installment transaction; or
(2) a business transfers to a used or scrap tire
transporter that:
(A) is registered with the Texas Commission on
Environmental Quality; and
(B) has provided the commission with a bond in an
amount of at least $100,000.
Sec. 106.003. RULEMAKING AUTHORITY. The Department of
Public Safety may adopt rules to implement this chapter.
Sec. 106.004. CIVIL PENALTY. (a) A business that violates
this chapter is liable to the state for a civil penalty in an amount
not to exceed $500 for each violation.
(b) The attorney general or the appropriate district or
county attorney may bring an action under this chapter in the name
of the state in a district court in:
(1) Travis County; or
(2) the county in which the violation occurs.
SECTION 2. Title 6, Business & Commerce Code, is amended by
adding Chapter 205 to read as follows:
CHAPTER 205. REQUIREMENTS FOR CERTAIN PERSONS THAT GENERATE OR
TRANSPORT SCRAP TIRES
Sec. 205.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission on
Environmental Quality.
(2) "Scrap tire" means a tire that can no longer be
used for the tire's original intended purpose.
(3) "Scrap tire generator" means a person that
generates scrap tires. The term includes a tire dealer, junkyard,
or fleet operator.
(4) "Scrap tire transporter" means a person that:
(A) collects scrap tires from another person for
the purpose of removal to a scrap tire processor, end user, or
disposal facility; and
(B) is required to register with the commission
as a scrap tire transporter.
Sec. 205.002. BOND REQUIRED FOR SCRAP TIRE TRANSPORTER.
(a) A scrap tire transporter shall file with the commission a bond
issued by a surety company authorized to transact business in this
state.
(b) The principal amount of the bond must equal at least
$100,000.
(c) The bond must be payable to the state and conditioned on
compliance with this chapter and any rules adopted under this
chapter.
Sec. 205.003. STORAGE OF SCRAP TIRES. A scrap tire
generator that stores scrap tires outdoors on its business premises
shall store the scrap tires in a fully enclosed area or container
that may be made secure by locking.
Sec. 205.004. RULES. The commission may adopt rules to
implement this chapter.
Sec. 205.005. CIVIL PENALTY. (a) A person that violates
this chapter is subject to a civil penalty in an amount not to
exceed $500 for each violation. A separate penalty may be imposed
for each day a violation occurs.
(b) The attorney general or the appropriate district or
county attorney may bring an action against a person under this
section in the name of the state in a district court in the county in
which:
(1) the person resides; or
(2) the person's principal place of business is
located.
SECTION 3. This Act takes effect September 1, 2011.