By:  Parker, Shelley                                   S.B. No. 471
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the waste tire recycling program; providing for civil
    1-2  penalties and injunctive relief.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter P, Chapter 361, Health and Safety
    1-5  Code, is amended to read as follows:
    1-6              SUBCHAPTER P.  WASTE TIRE RECYCLING PROGRAM
    1-7        Sec. 361.471.  Definitions.  In this subchapter:
    1-8              (1)  "Commission" means the Texas Water Commission or
    1-9  its successor agencies.
   1-10              (2)  "Fund" means the waste tire recycling fund.
   1-11              (3)  "Green tire" means the casing form of a tire that
   1-12  has not been cured and/or does not have a tread or marking of any
   1-13  kind.
   1-14              (4)  "Manufacturer reject tire" means a tire rendered
   1-15  defective in the manufacturing process whether determined defective
   1-16  prior to or after consumer purchase.
   1-17              (5) <(2)>  "Mobile tire shredder" means equipment
   1-18  mounted on wheels or skid-mounted and hauled from place to place to
   1-19  split, shred, or quarter used or scrap tires.
   1-20              (6) <(3)>  "Scrap tire" has the meaning assigned by
   1-21  Section 361.112.
   1-22              (7) <(4)>  "Waste tire facility" means a facility
   1-23  registered <permitted> by the commission <department> under Section
    2-1  361.112 at which scrap tires are collected or deposited and
    2-2  shredded to facilitate the future extraction of useful materials
    2-3  for recycling, reuse, or energy recovery.
    2-4              (8) <(5)>  "Waste tire processor" means:
    2-5                    (A)  a waste tire facility; or
    2-6                    (B)  a mobile tire shredder that splits, shreds,
    2-7  or quarters tires and deposits the split, shredded, or quartered
    2-8  tires for eventual recycling, reuse, or energy recovery at:
    2-9                          (i)  a waste tire storage facility
   2-10  registered by the commission <department> under Section 361.112; or
   2-11                          (ii)  a waste tire facility.
   2-12              (9) <(6)>  "Waste tire transporter" means a person who
   2-13  collects and transports used or scrap tires or scrap tire pieces
   2-14  for storage or disposal.
   2-15              (10) <(7)>  "Weighed tire" means a unit of weight for
   2-16  shredded scrap tires that is equal to 18.7 pounds.
   2-17        Sec. 361.4711.  POTENTIALLY RESPONSIBLE PARTY.  For purposes
   2-18  of this subchapter, the commission shall employ the following three
   2-19  criteria to determine whether a person is a potentially responsible
   2-20  party:
   2-21              (1)  the person must be the property owner of record,
   2-22  the site operator, or the depositor of the scrap tires on the site;
   2-23              (2)  the person must have benefitted financially from
   2-24  the disposition of the scrap tires on the site; and
   2-25              (3)  the person must be financially capable of funding
    3-1  total or partial site cleanup, based on the actual costs of cleanup
    3-2  as determined by the commission.
    3-3        Sec. 361.472.  Waste Tire Recycling Fees.  (a)(1)  A
    3-4  wholesale or retail tire dealer who sells or offers to sell new
    3-5  tires not for resale shall collect at the time and place of sale a
    3-6  waste tire recycling fee <of $2> for each new <automobile, van,
    3-7  bus, truck, trailer, semitrailer, truck tractor and semitrailer
    3-8  combination, or recreational vehicle> tire sold as follows:
    3-9                    (A)  $2 for each tire with <that has> a rim
   3-10  diameter equal to or greater than 12 inches but less than 17.5 <26>
   3-11  inches; and
   3-12                    (B)  $3.50 for each tire, except motorcycle
   3-13  tires, with a rim diameter equal to or greater than 17.5 inches but
   3-14  less than 25 inches.
   3-15              (2)  The sale of a tire as original equipment in the
   3-16  manufacture of new vehicles is a sale for resale.
   3-17              (3)  No fee shall be assessed for bicycle tires.
   3-18        (b)  <A dealer required to collect a fee under this section
   3-19  may retain 2-1/2  cents from each fee the dealer collects.  A
   3-20  dealer shall account for amounts retained under this subsection in
   3-21  the manner prescribed by the comptroller.>
   3-22        <(c)>  A dealer required to collect a fee under this section:
   3-23              (1)  shall list as a separate item on an invoice a fee
   3-24  due under this section; and
   3-25              (2)  except as provided by Subsection (c) <(d)>, on or
    4-1  before the 20th day of the month following the end of each calendar
    4-2  month and on a form and in the manner prescribed by the
    4-3  comptroller, shall file a report with and shall remit to the
    4-4  comptroller the amount of fees collected during the preceding
    4-5  calendar month.
    4-6        (c) <(d)>  A person required to collect a fee under this
    4-7  section who collects less than $50 for a calendar month or less
    4-8  than $150 for a calendar quarter is not required to file a monthly
    4-9  report but shall file a quarterly report with and make a quarterly
   4-10  remittance to the comptroller.  The quarterly report and remittance
   4-11  shall include fees collected during the preceding calendar quarter.
   4-12  The report and remittance are due not later than the 20th day of
   4-13  the month following the end of the calendar quarter.
   4-14        (d)  A person seeking registration for a fixed or mobile
   4-15  processing facility or for a storage facility shall pay a fee of
   4-16  $500 for each new, renewed, or amended registration application.
   4-17        (e)  An invoice or other record required by this section or
   4-18  rules of the comptroller must be maintained for at least four years
   4-19  after the date on which the invoice or record is prepared and be
   4-20  open for inspection by the comptroller at all reasonable times.
   4-21        (f)  The comptroller shall adopt rules necessary for the
   4-22  administration, collection, reporting, and payment of the fees
   4-23  payable or collected under this section.
   4-24        (g)  A waste tire recycling fee is imposed on the storage,
   4-25  use, or other consumption in this state of a new tire at the same
    5-1  rate as provided by Subsection (a), except when purchased for the
    5-2  purpose of resale.
    5-3        (h)  A person storing, using, or consuming a new tire in this
    5-4  state is liable for the waste tire recycling fee as defined in this
    5-5  section and is responsible for reporting and paying the fee to the
    5-6  comptroller in the same manner as a person required to collect this
    5-7  fee, as provided in Subsections (b)(2) and (c).
    5-8        (i)  A person storing, using, or consuming a new tire in this
    5-9  state is not further liable for the waste tire recycling fee
   5-10  imposed by Subsection (a) if the person pays the fee to a
   5-11  wholesaler or retailer engaged in business in this state or another
   5-12  person authorized by the comptroller to collect the fee and
   5-13  receives from the wholesaler, retailer, or other person a
   5-14  purchaser's receipt.
   5-15        Sec. 361.473.  Enforcement; Penalties.  (a)  A person who
   5-16  does not file a report as provided by Section 361.472 or who
   5-17  possesses a fee collected or payable under that section and who
   5-18  does not remit the fee to the comptroller at the time and in the
   5-19  manner required by that section and rules of the comptroller shall
   5-20  pay a penalty of five percent of the amount of the fee due and
   5-21  payable.  If the person does not file the report or pay the fee
   5-22  before the 30th day after the date on which the fee or report is
   5-23  due, the person shall pay a penalty of an additional five percent
   5-24  of the amount of the fee due and payable.
   5-25        (b)  Chapters 101 and 111 through 113, Tax Code, and Sections
    6-1  153.006 and 153.007, Tax Code, apply to the administration,
    6-2  payment, collection, and enforcement of fees under this section in
    6-3  the same manner that those chapters and sections apply to the
    6-4  administration, payment, collection, and enforcement of taxes under
    6-5  Title 2, Tax Code.
    6-6        (c)  The comptroller may add a penalty of 75 percent of the
    6-7  amount of the fee, penalty, and interest due if failure to file the
    6-8  report or pay the fee when it comes due is attributable to fraud or
    6-9  an intent to evade the application of this section or a rule made
   6-10  under this section or Chapter 111, Tax Code.
   6-11        Sec. 361.474.  Disposition of Fees and Penalties.  Fees and
   6-12  penalties collected under this subchapter shall be deposited in the
   6-13  state treasury to the credit of the waste tire recycling fund.
   6-14        Sec. 361.475.  Waste Tire Recycling Fund.  (a)  The waste
   6-15  tire recycling fund is a special account in the general revenue
   6-16  fund.
   6-17        (b)  The commission <department> shall administer the fund.
   6-18        (c)  The fund consists of fees and penalties collected under
   6-19  this subchapter, interest on money in the fund, and money from
   6-20  gifts, grants, or any other source intended to be used for the
   6-21  purposes of this subchapter.
   6-22        (d)  The fund may be used only to pay:
   6-23              (1)  waste tire processors that meet the requirements
   6-24  for payment under Section 361.477 and rules adopted under that
   6-25  section;
    7-1              (2)  the commission's <department's> reasonable and
    7-2  necessary administrative costs of performing its duties under this
    7-3  subchapter in an amount not to exceed six percent of the money
    7-4  annually accruing to the fund; however, the registration fees
    7-5  received under Section 361.472(d) shall be allocated to the
    7-6  commission for its reasonable and necessary costs associated with
    7-7  reviewing and issuing fixed and mobile processing applications and
    7-8  storage site applications; and
    7-9              (3)  the comptroller's reasonable and necessary
   7-10  administrative costs of performing the comptroller's duties under
   7-11  this subchapter in an amount not to exceed two percent of the money
   7-12  annually accruing to the fund.
   7-13        (e)  The fund may not be used to reimburse shredding of:
   7-14              (1)  innertubes;
   7-15              (2)  scrap rubber products;
   7-16              (3)  green tires;
   7-17              (4)  industrial solid waste, excluding waste tires;
   7-18              (5)  oversized tires, as defined by commission rule,
   7-19  except those oversized tires collected from priority enforcement
   7-20  list sites; or
   7-21              (6)  manufacturer reject tires.
   7-22        (f)  The commission may classify special authorization tires,
   7-23  as defined by commission rule, as priority enforcement list tires.
   7-24        (g)  The fund shall maintain a balance of not less than
   7-25  $500,000.
    8-1        (h)  If the commission has reason to believe that the fund
    8-2  balance will fall below $500,000, the commission may:
    8-3              (1)  suspend the requirement to reimburse priority
    8-4  enforcement list tires shredded in excess of the minimum percentage
    8-5  identified in Section 361.477(b)(2)(B); or
    8-6              (2)  limit the number of waste tires for which a
    8-7  processor will be reimbursed.
    8-8        (i)  The revenues obtained from the waste tire recycling fees
    8-9  shall be deposited into the waste tire recycling fund which is a
   8-10  special account in the general revenue fund and may only be used to
   8-11  pay for those activities and costs identified in Subsection (d).
   8-12        Sec. 361.476.  Priority Enforcement List.  The commission
   8-13  <department> shall identify scrap <unauthorized> tire dumps that
   8-14  present an existing or potential threat to public health and safety
   8-15  or to the environment and shall prepare an enforcement list of
   8-16  those dumps, giving priority to dumps for which a responsible party
   8-17  cannot be located.
   8-18        Sec. 361.477.  Payments to Waste Tire Processors.
   8-19  (a)(1)  The commission <department> each month shall pay a waste
   8-20  tire processor that shreds scrap tires and meets the requirements
   8-21  of this section and rules adopted under this section an amount
   8-22  equal to 85 cents for each weighed tire shredded by the processor
   8-23  during the preceding calendar month.
   8-24              (2)  Should the total number of whole used or scrap
   8-25  tires or scrap tire pieces contained in illegal waste tire sites as
    9-1  identified on the priority enforcement list fall below 500,000
    9-2  tires, Subdivision (4) shall be implemented.  The 500,000 tire
    9-3  limit does not include those tires contained in sites under
    9-4  commission enforcement or attorney general action.
    9-5              (3)  Should the number of whole used or scrap tires or
    9-6  scrap tire pieces contained in illegal waste tire sites as
    9-7  identified on the priority enforcement list exceed 500,000 tires
    9-8  for greater than 30 consecutive days, the priority enforcement list
    9-9  requirements contained in Subsection (b)(2)(B) shall become
   9-10  effective.
   9-11              (4)  The commission may pay more than 85 cents per
   9-12  weighed tire to processors with whom the commission has contracted
   9-13  to remove and shred scrap tires and scrap tire pieces from priority
   9-14  enforcement list sites.  The commission may contract with
   9-15  processors on a regional or site-specific basis.  The contracts
   9-16  shall be procured through a competitive bid process conducted in
   9-17  accordance with the provisions of the State Purchasing and General
   9-18  Services Act (Article 601b, Vernon's Texas Civil Statutes)
   9-19  applicable to contracts for services.  The commission may elect not
   9-20  to enter into contracts pursuant to this subdivision.  The
   9-21  contracts, if any, may be for the removal and shredding of tires
   9-22  only from priority enforcement list sites.  The provisions of this
   9-23  subdivision become effective only when Subdivision (2) is
   9-24  implemented.
   9-25        (b)  A waste tire processor that desires to receive payment
   10-1  under this section for tires shredded by the processor during a
   10-2  calendar month must:
   10-3              (1)  apply to the commission <department> in accordance
   10-4  with forms prescribed by the commission <department>;
   10-5              (2)  demonstrate as required by rules adopted under
   10-6  this section that:
   10-7                    (A)  all tires for which payment is sought have
   10-8  been shredded to a particle size not larger than nine square
   10-9  inches; <and>
  10-10                    (B)  not less than 15 <25> percent and not more
  10-11  than 30 percent of those tires were collected from scrap tire sites
  10-12  <dumps> listed on the commission's <department's> priority
  10-13  enforcement list; and
  10-14                    (C)  not less than 25 percent of those tires were
  10-15  collected from tire generators;
  10-16              (3)  on and after January 1, 1995, prior to
  10-17  reimbursement demonstrate to the commission that shredded scrap
  10-18  tire pieces for which reimbursement is sought were delivered to a
  10-19  person that either recycles or reuses the shredded scrap tires or
  10-20  utilizes the shredded scrap tires for energy recovery;
  10-21              (4)  provide any other information the commission
  10-22  <department> determines is needed to accomplish the purposes of
  10-23  this subchapter; <and>
  10-24              (5) <(4)>  demonstrate that energy recovery activities
  10-25  in the State of Texas are in compliance with applicable air
   11-1  emission control rules and standards as adopted by the Texas Air
   11-2  Control Board; and
   11-3              (6)  provide financial assurance deemed adequate by the
   11-4  commission, which assurance shall correspond to the payment
   11-5  appropriate for the number of scrap tires the processor anticipates
   11-6  shredding or the waste tire storage site owner or operator
   11-7  anticipates accepting for storage in the next calendar month.
   11-8        (c)  Implementation of Subsection (a)(2) eliminates the
   11-9  requirement for compliance with the provisions of Subsection
  11-10  (b)(2)(B) for the duration that Subsection (a)(2) is in effect.
  11-11        (d)  A waste tire processor that in any month exceeds the <25
  11-12  percent> minimum requirement of Subsection (b)(2) shall receive a
  11-13  credit for the amount in excess of the requirement <25 percent>
  11-14  that may be used to meet the minimum requirement during a later
  11-15  month.  The commission <board of health> by rule may prescribe the
  11-16  method of applying credits accrued under this subsection.
  11-17        (e) <(d)>  The commission <board of health> by rule shall
  11-18  adopt application and payment procedures and requirements to
  11-19  implement this section.
  11-20        (f) <(e)>  A waste tire processor shall not be authorized to
  11-21  process or store scrap tires at those sites at which the processor
  11-22  is processing or storing or intends to process or store the scrap
  11-23  tires until the commission has determined that the processor is in
  11-24  compliance with all applicable requirements  <permitted Type VIII
  11-25  tire monofill approved under board of health rules may qualify as a
   12-1  waste tire processor and is eligible to receive payment under this
   12-2  section if the Type VIII tire monofill complies with all the
   12-3  provisions of this subchapter and rules of the board of health>.
   12-4        (g)  Notwithstanding Subsection (b)(3), the commission may
   12-5  reimburse for shredded scrap tires for which a processor has a
   12-6  binding agreement to deliver the shredded tires to a person to
   12-7  recycle, reuse, or utilize for energy recovery within 180 days from
   12-8  the date of reimbursement.
   12-9        Sec. 361.478.  Evaluation of Recycling and Energy Recovery
  12-10  Activities; Certification for Payment.  (a)  Beginning January
  12-11  <June> 1, 1995, and every two <five> years after that date, the
  12-12  commission <department> shall evaluate, according to standards
  12-13  adopted by commission <board of health> rule, the recycling and
  12-14  energy recovery activities of each waste tire processor that
  12-15  received payment from the waste tire recycling fund <under Section
  12-16  361.477 during the preceding five years>.
  12-17        (b)  After evaluation, the commission <department> shall
  12-18  certify as eligible for payment under this subchapter <Section
  12-19  361.477> during the next two <five> years a waste tire processor
  12-20  that has conducted or provided for recycling of or energy recovery
  12-21  from tires for which the processor received payment during the
  12-22  preceding period of operation <five years>.
  12-23        (c)  A waste tire processor that receives payment under this
  12-24  subchapter <Section 361.477> during any two-year <five-year> period
  12-25  and that after evaluation is not certified by the commission
   13-1  <department> under Subsection (b) as eligible for payment under
   13-2  this subchapter <Section 361.477> may not receive payment under
   13-3  this subchapter <that section> for the next two <five> years.
   13-4        (d)  The commission <board of health> by rule may establish a
   13-5  procedure by which a waste tire processor can reestablish
   13-6  eligibility for payment under this subchapter <Section 361.477>.
   13-7        Sec. 361.479.  Evidence of Financial Responsibility.  (a)  A
   13-8  waste tire storage facility registered by the commission
   13-9  <department> under Section 361.112 or a waste tire facility that
  13-10  accepts shredded scrap tires for storage or for processing for
  13-11  recycling, reuse, or energy recovery shall submit to the commission
  13-12  <department> evidence of financial responsibility in an amount
  13-13  adequate to assure proper cleanup and <or> closure of the facility.
  13-14        (b)  A facility subject to Subsection (a) shall submit to the
  13-15  commission <department> an estimate of the total amount of shredded
  13-16  scrap tires or scrap tire pieces measured by weighed tire that the
  13-17  facility will store or process and the estimated cost, using that
  13-18  total amount, of cleaning up and <or> closing the facility.
  13-19        (c)  The commission <department> shall evaluate and may amend
  13-20  an estimate submitted under Subsection (b) and <by order> shall
  13-21  determine for each facility the amount for which evidence of
  13-22  financial responsibility is required.
  13-23        (d)  Evidence of financial responsibility may be in the form
  13-24  of a performance bond or<,> a letter of credit from a recognized
  13-25  financial institution<, a trust fund, or insurance> for a privately
   14-1  owned facility, or a resolution by the commissioners court or the
   14-2  city council, as appropriate, for a publicly owned facility.  On or
   14-3  after September 1, 1993, persons requesting new processing
   14-4  registration shall not be allowed to provide evidence of financial
   14-5  responsibility through a trust agreement or insurance.
   14-6        Sec. 361.480.  Tire Collection Fee Prohibited.  A waste tire
   14-7  transporter or mobile tire shredder may not charge a fee to a
   14-8  wholesale or retail dealer for collecting for delivery to a waste
   14-9  tire facility or for collecting and shredding <used or> scrap tires
  14-10  accepted for temporary storage by the dealer from purchasers of new
  14-11  tires.
  14-12        Sec. 361.481.  Prohibition on Out-of-State Tires.  A waste
  14-13  tire processor may not claim payment under Section 361.477 for
  14-14  shredding out-of-state tires.
  14-15        Sec. 361.482.  Prohibition on Disposal of Shredded Tires in
  14-16  Landfill.  A waste tire processor may not dispose of shredded scrap
  14-17  tires in a landfill if the processor has received payment under
  14-18  Section 361.477 for the shredding of such tires.
  14-19        Sec. 361.483.  Civil Penalty.  (a)  A person who violates any
  14-20  section of this subchapter <Section 361.481 or 361.482> is liable
  14-21  for an administrative <a civil> penalty of up to $10,000 per day
  14-22  and corrective action for each violation and is liable for a civil
  14-23  penalty of up to $25,000 and corrective action for each violation.
  14-24        (b)  The attorney general or the prosecuting attorney in the
  14-25  county in which the alleged violation occurs may bring suit to
   15-1  recover the civil penalty imposed under Subsection (a).
   15-2        (c)  The commission may bring suit to mandate the corrective
   15-3  action required or to recover administrative penalties imposed
   15-4  under Subsection (a).
   15-5        (d)  An administrative or civil <A> penalty collected under
   15-6  this section shall be deposited to the credit of the waste tire
   15-7  recycling fund.
   15-8        Sec. 361.484.  Rules.  The commission <board of health> may
   15-9  adopt rules reasonably necessary to implement this subchapter.
  15-10        Sec. 361.485.  Report.  Not later than February 1 of each
  15-11  odd-numbered year, the commission <department> shall report to the
  15-12  governor and the legislature on the administration of the program
  15-13  established under this subchapter and its effectiveness in cleaning
  15-14  up existing scrap tire dumps and in preventing new scrap tire
  15-15  dumps.
  15-16        Sec. 361.486.  RECYCLING EFFORTS.  (a)  On and after
  15-17  January 1, 1995, all new, amended, and renewal processing
  15-18  registrations shall require the processor to identify those persons
  15-19  that will accept the processor's shredded scrap tire pieces either
  15-20  to recycle or reuse the shredded scrap tires or to utilize the
  15-21  shredded scrap tires for energy recovery.  The commission shall
  15-22  reimburse for only those shredded tires which the commission
  15-23  determines are committed to a legitimate end user.
  15-24        (b)  The commission shall have the authority to review and
  15-25  approve or disapprove the use of the person identified by the
   16-1  processor to recycle or reuse the shredded scrap tires or utilize
   16-2  the shredded scrap tires for energy recovery unless that person has
   16-3  already been authorized by the state to use tire-derived fuel for
   16-4  energy recovery in which case that person is only required to
   16-5  register pursuant to Subsection (e).
   16-6        (c)  The commission shall adopt a rule to define recycling
   16-7  for purposes of this subchapter.
   16-8        (d)  On January 1, 1994, and on a semiannual basis
   16-9  thereafter, registered processors and storage site owners and
  16-10  operators shall report their recycling, reuse, and energy recovery
  16-11  activities to the commission.  The commission by rule shall
  16-12  prescribe the form and other requirements of the report.
  16-13        (e)  All persons that recycle or recover the energy from
  16-14  whole used or scrap tires or shredded tire pieces shall register
  16-15  with the commission in accordance with the rules and on the forms
  16-16  prescribed by the commission.
  16-17        Sec. 361.487.  REIMBURSEMENT RESTRICTIONS.  (a)  A processor
  16-18  seeking reimbursement under Section 361.477 shall process and store
  16-19  the scrap tires or scrap tire pieces within the state.
  16-20        (b)  Scrap tires and scrap tire pieces generated in Texas,
  16-21  removed from Texas, and subsequently reintroduced to Texas shall be
  16-22  defined as out-of-state scrap tires for the purposes of this
  16-23  subchapter.
  16-24        (c)  Scrap tires and scrap tire pieces which were shredded
  16-25  and reimbursed shall not be disposed of in a Type VIII-S tire
   17-1  monofill.
   17-2        Sec. 361.488.  GENERATOR CHARGE PROHIBITED.  A scrap tire
   17-3  generator shall not receive remuneration in exchange for scrap
   17-4  tires.
   17-5        Sec. 361.489.  IMMEDIATE REMOVAL AND REMEDIAL ACTION BY THE
   17-6  COMMISSION.  (a)  If after investigation the commission finds that
   17-7  there exists a situation caused by the illegal dumping of scrap
   17-8  tires that is causing or may cause imminent and substantial
   17-9  endangerment to the public health and safety or the environment and
  17-10  that the immediacy of the situation makes it prejudicial to the
  17-11  public interest to delay action until an administrative order can
  17-12  be issued to potentially responsible parties or until a judgment
  17-13  can be entered in an appeal of an administrative order, the
  17-14  commission may, with the funds available to the commission from the
  17-15  waste tire recycling fund, undertake immediate remediation of the
  17-16  site.
  17-17        (b)  If a person ordered to eliminate an imminent and
  17-18  substantial danger to the public health and safety or the
  17-19  environment has failed to do so within the time limits specified in
  17-20  the order or any extension of time approved by the commission, the
  17-21  commission may implement a remedial program for the site.
  17-22        (c)  The commission may recover against all responsible
  17-23  parties reasonable expenses for undertaking immediate removal under
  17-24  Subsection (a) or for implementing a remedial action order under
  17-25  Subsection (b).
   18-1        (d)  The commission shall file the cost recovery action no
   18-2  later than one year after immediate-removal or remedial-action
   18-3  measures are completed.
   18-4        (e)  Money collected in a cost recovery action shall be
   18-5  deposited to the credit of the waste tire recycling fund.
   18-6        (f)  The commission, in lieu of recovery costs incurred under
   18-7  this section, may file a lien against the property on which the
   18-8  site is located.  The lien shall state the name of the owner of the
   18-9  property, the amount owed, and the legal description of the
  18-10  property.  The lien arises and attaches on the date the lien is
  18-11  filed in the real property records of the county in which the
  18-12  property is located.  The lien is subordinate to the rights of
  18-13  prior bona fide purchasers and lienholders on the property.
  18-14        Sec. 361.490.  PRIORITY ENFORCEMENT LIST SITE ACCESS.
  18-15  (a)  The members of the commission, employees and agents of the
  18-16  commission, and authorized processors and their subcontractors are
  18-17  entitled to enter any public or private property at any reasonable
  18-18  time for the purpose of inspecting, investigating, or remediating
  18-19  any conditions relating to illegal scrap-tire dumping.  Notice of
  18-20  intent to enter private property for such purposes shall be given
  18-21  by the executive director by certified mail to the last known
  18-22  address indicated in the current county property records at least
  18-23  10 days before commission members, commission employees and agents,
  18-24  or authorized processors and their subcontractors may enter the
  18-25  property.  Commission members, commission employees and agents, and
   19-1  authorized processors and their subcontractors who, acting under
   19-2  this authority, enter private property shall observe the
   19-3  establishment's rules concerning safety, internal security, and
   19-4  fire protection and, if the property has management in residence,
   19-5  shall make a reasonable attempt to notify the management or the
   19-6  person in charge of their presence and shall exhibit credentials.
   19-7        (b)  Authorized processors and their subcontractors shall not
   19-8  be considered agents of the State of Texas and are solely
   19-9  responsible for their actions.
  19-10        (c)  Whenever it appears that a person has violated or is
  19-11  violating or is threatening to violate any provision of this
  19-12  subchapter or any rule, permit, or order of the commission, the
  19-13  executive director may have a civil suit instituted in district
  19-14  court for injunctive relief to restrain the person from continuing
  19-15  the violation or threat of violation.
  19-16        Sec. 361.491.  NEW TIRE WHOLESALERS AND RETAILERS.  Any
  19-17  person selling new tires as described in Section 361.472(a) shall
  19-18  accept from customers, without charge, used scrap tires of the type
  19-19  and in a quantity at least equal to the number of new tires
  19-20  purchased, if offered by customers.
  19-21        Sec. 361.492.  CONFIDENTIALITY.  Information submitted to the
  19-22  commission pursuant to Section 361.477(b)(3) or (g) or any reports
  19-23  generated by the commission based on such information shall be
  19-24  deemed confidential by law as commercial or financial information.
  19-25        Sec. 361.493.  APPEAL.  The commission shall establish a
   20-1  process by which a registered waste tire processor who is adversely
   20-2  affected by an agency decision affecting reimbursement may appeal
   20-3  that decision to the executive director or the commission.
   20-4        SECTION 2.  The importance of this legislation and the
   20-5  crowded condition of the calendars in both houses create an
   20-6  emergency and an imperative public necessity that the
   20-7  constitutional rule requiring bills to be read on three several
   20-8  days in each house be suspended, and this rule is hereby suspended,
   20-9  and that this Act take effect and be in force from and after its
  20-10  passage, and it is so enacted.