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.