1-1  By:  Parker, Shelley                                   S.B. No. 471
    1-2        (In the Senate - Filed February 24, 1993; February 25, 1993,
    1-3  read first time and referred to Committee on Economic Development;
    1-4  March 16, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 9, Nays 0; March 16, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Parker             x                               
   1-10        Lucio              x                               
   1-11        Ellis              x                               
   1-12        Haley              x                               
   1-13        Harris of Dallas   x                               
   1-14        Harris of Tarrant                              x   
   1-15        Leedom             x                               
   1-16        Madla              x                               
   1-17        Rosson             x                               
   1-18        Shapiro                                        x   
   1-19        Wentworth          x                               
   1-20  COMMITTEE SUBSTITUTE FOR S.B. No. 471                   By:  Parker
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the waste tire recycling program; providing for civil
   1-24  penalties and injunctive relief.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Subchapter P, Chapter 361, Health and Safety
   1-27  Code, is amended to read as follows:
   1-28              SUBCHAPTER P.  WASTE TIRE RECYCLING PROGRAM
   1-29        Sec. 361.471.  Definitions.  In this subchapter:
   1-30              (1)  "Commission" means the Texas Water Commission or
   1-31  its successor agencies.
   1-32              (2)  "Fund" means the waste tire recycling fund.
   1-33              (3)  "Green tire" means the casing form of a tire that
   1-34  has not been cured and/or does not have a tread or marking of any
   1-35  kind.
   1-36              (4)  "Manufacturer reject tire" means a tire rendered
   1-37  defective in the manufacturing process whether determined defective
   1-38  prior to or after consumer purchase.
   1-39              (5) <(2)>  "Mobile tire shredder" means equipment
   1-40  mounted on wheels or skid-mounted and hauled from place to place to
   1-41  split, shred, or quarter used or scrap tires.
   1-42              (6) <(3)>  "Scrap tire" has the meaning assigned by
   1-43  Section 361.112.
   1-44              (7) <(4)>  "Waste tire facility" means a facility
   1-45  registered <permitted> by the commission <department> under Section
   1-46  361.112 at which scrap tires are collected or deposited and
   1-47  shredded to facilitate the future extraction of useful materials
   1-48  for recycling, reuse, or energy recovery.
   1-49              (8) <(5)>  "Waste tire processor" means:
   1-50                    (A)  a waste tire facility; or
   1-51                    (B)  a mobile tire shredder that splits, shreds,
   1-52  or quarters tires and deposits the split, shredded, or quartered
   1-53  tires for eventual recycling, reuse, or energy recovery at:
   1-54                          (i)  a waste tire storage facility
   1-55  registered by the commission <department> under Section 361.112; or
   1-56                          (ii)  a waste tire facility.
   1-57              (9) <(6)>  "Waste tire transporter" means a person who
   1-58  collects and transports used or scrap tires or scrap tire pieces
   1-59  for storage or disposal.
   1-60              (10) <(7)>  "Weighed tire" means a unit of weight for
   1-61  shredded scrap tires that is equal to 18.7 pounds.
   1-62        Sec. 361.4711.  POTENTIALLY RESPONSIBLE PARTY.  For purposes
   1-63  of this subchapter, the commission shall employ the following three
   1-64  criteria to determine whether a person is a potentially responsible
   1-65  party:
   1-66              (1)  the person must be the property owner of record,
   1-67  the site operator, or the depositor of the scrap tires on the site;
   1-68              (2)  the person must have benefitted financially from
    2-1  the disposition of the scrap tires on the site; and
    2-2              (3)  the person must be financially capable of funding
    2-3  total or partial site cleanup, based on the actual costs of cleanup
    2-4  as determined by the commission.
    2-5        Sec. 361.472.  Waste Tire Recycling Fees.  (a)(1)  A
    2-6  wholesale or retail tire dealer who sells or offers to sell new
    2-7  tires not for resale shall collect at the time and place of sale a
    2-8  waste tire recycling fee <of $2> for each new <automobile, van,
    2-9  bus, truck, trailer, semitrailer, truck tractor and semitrailer
   2-10  combination, or recreational vehicle> tire sold as follows:
   2-11                    (A)  $2 for each tire with <that has> a rim
   2-12  diameter equal to or greater than 12 inches but less than 17.5 <26>
   2-13  inches; and
   2-14                    (B)  $3.50 for each tire, except motorcycle
   2-15  tires, with a rim diameter equal to or greater than 17.5 inches but
   2-16  less than 25 inches.
   2-17              (2)  The sale of a tire as original equipment in the
   2-18  manufacture of new vehicles is a sale for resale.
   2-19              (3)  No fee shall be assessed for bicycle tires.
   2-20        (b)  <A dealer required to collect a fee under this section
   2-21  may retain 2-1/2  cents from each fee the dealer collects.  A
   2-22  dealer shall account for amounts retained under this subsection in
   2-23  the manner prescribed by the comptroller.>
   2-24        <(c)>  A dealer required to collect a fee under this section:
   2-25              (1)  shall list as a separate item on an invoice a fee
   2-26  due under this section; and
   2-27              (2)  except as provided by Subsection (c) <(d)>, on or
   2-28  before the 20th day of the month following the end of each calendar
   2-29  month and on a form and in the manner prescribed by the
   2-30  comptroller, shall file a report with and shall remit to the
   2-31  comptroller the amount of fees collected during the preceding
   2-32  calendar month.
   2-33        (c) <(d)>  A person required to collect a fee under this
   2-34  section who collects less than $50 for a calendar month or less
   2-35  than $150 for a calendar quarter is not required to file a monthly
   2-36  report but shall file a quarterly report with and make a quarterly
   2-37  remittance to the comptroller.  The quarterly report and remittance
   2-38  shall include fees collected during the preceding calendar quarter.
   2-39  The report and remittance are due not later than the 20th day of
   2-40  the month following the end of the calendar quarter.
   2-41        (d)  A person seeking registration for a fixed or mobile
   2-42  processing facility or for a storage facility shall pay a fee of
   2-43  $500 for each new, renewed, or amended registration application.
   2-44        (e)  An invoice or other record required by this section or
   2-45  rules of the comptroller must be maintained for at least four years
   2-46  after the date on which the invoice or record is prepared and be
   2-47  open for inspection by the comptroller at all reasonable times.
   2-48        (f)  The comptroller shall adopt rules necessary for the
   2-49  administration, collection, reporting, and payment of the fees
   2-50  payable or collected under this section.
   2-51        (g)  A waste tire recycling fee is imposed on the storage,
   2-52  use, or other consumption in this state of a new tire at the same
   2-53  rate as provided by Subsection (a), except when purchased for the
   2-54  purpose of resale.
   2-55        (h)  A person storing, using, or consuming a new tire in this
   2-56  state is liable for the waste tire recycling fee as defined in this
   2-57  section and is responsible for reporting and paying the fee to the
   2-58  comptroller in the same manner as a person required to collect this
   2-59  fee, as provided in Subsections (b)(2) and (c).
   2-60        (i)  A person storing, using, or consuming a new tire in this
   2-61  state is not further liable for the waste tire recycling fee
   2-62  imposed by Subsection (a) if the person pays the fee to a
   2-63  wholesaler or retailer engaged in business in this state or another
   2-64  person authorized by the comptroller to collect the fee and
   2-65  receives from the wholesaler, retailer, or other person a
   2-66  purchaser's receipt.
   2-67        Sec. 361.473.  Enforcement; Penalties.  (a)  A person who
   2-68  does not file a report as provided by Section 361.472 or who
   2-69  possesses a fee collected or payable under that section and who
   2-70  does not remit the fee to the comptroller at the time and in the
    3-1  manner required by that section and rules of the comptroller shall
    3-2  pay a penalty of five percent of the amount of the fee due and
    3-3  payable.  If the person does not file the report or pay the fee
    3-4  before the 30th day after the date on which the fee or report is
    3-5  due, the person shall pay a penalty of an additional five percent
    3-6  of the amount of the fee due and payable.
    3-7        (b)  Chapters 101 and 111 through 113, Tax Code, and Sections
    3-8  153.006 and 153.007, Tax Code, apply to the administration,
    3-9  payment, collection, and enforcement of fees under this section in
   3-10  the same manner that those chapters and sections apply to the
   3-11  administration, payment, collection, and enforcement of taxes under
   3-12  Title 2, Tax Code.
   3-13        (c)  The comptroller may add a penalty of 75 percent of the
   3-14  amount of the fee, penalty, and interest due if failure to file the
   3-15  report or pay the fee when it comes due is attributable to fraud or
   3-16  an intent to evade the application of this section or a rule made
   3-17  under this section or Chapter 111, Tax Code.
   3-18        Sec. 361.474.  Disposition of Fees and Penalties.  Fees and
   3-19  penalties collected under this subchapter shall be deposited in the
   3-20  state treasury to the credit of the waste tire recycling fund.
   3-21        Sec. 361.475.  Waste Tire Recycling Fund.  (a)  The waste
   3-22  tire recycling fund is a special account in the general revenue
   3-23  fund.
   3-24        (b)  The commission <department> shall administer the fund.
   3-25        (c)  The fund consists of fees and penalties collected under
   3-26  this subchapter, interest on money in the fund, and money from
   3-27  gifts, grants, or any other source intended to be used for the
   3-28  purposes of this subchapter.
   3-29        (d)  The fund may be used only to pay:
   3-30              (1)  waste tire processors that meet the requirements
   3-31  for payment under Section 361.477 and rules adopted under that
   3-32  section;
   3-33              (2)  the commission's <department's> reasonable and
   3-34  necessary administrative costs of performing its duties under this
   3-35  subchapter in an amount not to exceed six percent of the money
   3-36  annually accruing to the fund; however, the registration fees
   3-37  received under Section 361.472(d) shall be allocated to the
   3-38  commission for its reasonable and necessary costs associated with
   3-39  reviewing and issuing fixed and mobile processing applications and
   3-40  storage site applications; and
   3-41              (3)  the comptroller's reasonable and necessary
   3-42  administrative costs of performing the comptroller's duties under
   3-43  this subchapter in an amount not to exceed two percent of the money
   3-44  annually accruing to the fund.
   3-45        (e)  The fund may not be used to reimburse shredding of:
   3-46              (1)  innertubes;
   3-47              (2)  scrap rubber products;
   3-48              (3)  green tires;
   3-49              (4)  industrial solid waste, excluding waste tires;
   3-50              (5)  oversized tires, as defined by commission rule,
   3-51  except those oversized tires collected from priority enforcement
   3-52  list sites; or
   3-53              (6)  manufacturer reject tires.
   3-54        (f)  The commission may classify special authorization tires,
   3-55  as defined by commission rule, as priority enforcement list tires.
   3-56        (g)  The fund shall maintain a balance of not less than
   3-57  $500,000.
   3-58        (h)  If the commission has reason to believe that the fund
   3-59  balance will fall below $500,000, the commission may:
   3-60              (1)  suspend the requirement to reimburse priority
   3-61  enforcement list tires shredded in excess of the minimum percentage
   3-62  identified in Section 361.477(b)(2)(B); or
   3-63              (2)  limit the number of waste tires for which a
   3-64  processor will be reimbursed.
   3-65        (i)  The revenues obtained from the waste tire recycling fees
   3-66  shall be deposited into the waste tire recycling fund which is a
   3-67  special account in the general revenue fund and may only be used to
   3-68  pay for those activities and costs identified in Subsection (d).
   3-69        Sec. 361.476.  Priority Enforcement List.  The commission
   3-70  <department> shall identify scrap <unauthorized> tire dumps that
    4-1  present an existing or potential threat to public health and safety
    4-2  or to the environment and shall prepare an enforcement list of
    4-3  those dumps, giving priority to dumps for which a responsible party
    4-4  cannot be located.
    4-5        Sec. 361.477.  Payments to Waste Tire Processors.
    4-6  (a)(1)  The commission <department> each month shall pay a waste
    4-7  tire processor that shreds scrap tires and meets the requirements
    4-8  of this section and rules adopted under this section an amount
    4-9  equal to 85 cents for each weighed tire shredded by the processor
   4-10  during the preceding calendar month.
   4-11              (2)  Should the total number of whole used or scrap
   4-12  tires or scrap tire pieces contained in illegal waste tire sites as
   4-13  identified on the priority enforcement list fall below 500,000
   4-14  tires, Subdivision (4) shall be implemented.  The 500,000 tire
   4-15  limit does not include those tires contained in sites under
   4-16  commission enforcement or attorney general action.
   4-17              (3)  Should the number of whole used or scrap tires or
   4-18  scrap tire pieces contained in illegal waste tire sites as
   4-19  identified on the priority enforcement list exceed 500,000 tires
   4-20  for greater than 30 consecutive days, the priority enforcement list
   4-21  requirements contained in Subsection (b)(2)(B) shall become
   4-22  effective.
   4-23              (4)  The commission may pay more than 85 cents per
   4-24  weighed tire to processors with whom the commission has contracted
   4-25  to remove and shred scrap tires and scrap tire pieces from priority
   4-26  enforcement list sites.  The commission may contract with
   4-27  processors on a regional or site-specific basis.  The contracts
   4-28  shall be procured through a competitive bid process conducted in
   4-29  accordance with the provisions of the State Purchasing and General
   4-30  Services Act (Article 601b, Vernon's Texas Civil Statutes)
   4-31  applicable to contracts for services.  The commission may elect not
   4-32  to enter into contracts pursuant to this subdivision.  The
   4-33  contracts, if any, may be for the removal and shredding of tires
   4-34  only from priority enforcement list sites.  The provisions of this
   4-35  subdivision become effective only when Subdivision (2) is
   4-36  implemented.
   4-37        (b)  A waste tire processor that desires to receive payment
   4-38  under this section for tires shredded by the processor during a
   4-39  calendar month must:
   4-40              (1)  apply to the commission <department> in accordance
   4-41  with forms prescribed by the commission <department>;
   4-42              (2)  demonstrate as required by rules adopted under
   4-43  this section that:
   4-44                    (A)  all tires for which payment is sought have
   4-45  been shredded to a particle size not larger than nine square
   4-46  inches; <and>
   4-47                    (B)  not less than 15 <25> percent and not more
   4-48  than 30 percent of those tires were collected from scrap tire sites
   4-49  <dumps> listed on the commission's <department's> priority
   4-50  enforcement list; and
   4-51                    (C)  not less than 25 percent of those tires were
   4-52  collected from tire generators;
   4-53              (3)  on and after January 1, 1995, prior to
   4-54  reimbursement demonstrate to the commission that shredded scrap
   4-55  tire pieces for which reimbursement is sought were delivered to a
   4-56  person that either recycles or reuses the shredded scrap tires or
   4-57  utilizes the shredded scrap tires for energy recovery;
   4-58              (4)  provide any other information the commission
   4-59  <department> determines is needed to accomplish the purposes of
   4-60  this subchapter; <and>
   4-61              (5) <(4)>  demonstrate that energy recovery activities
   4-62  in the State of Texas are in compliance with applicable air
   4-63  emission control rules and standards as adopted by the Texas Air
   4-64  Control Board; and
   4-65              (6)  provide financial assurance deemed adequate by the
   4-66  commission, which assurance shall correspond to the payment
   4-67  appropriate for the number of scrap tires the processor anticipates
   4-68  shredding or the waste tire storage site owner or operator
   4-69  anticipates accepting for storage in the next calendar month.
   4-70        (c)  Implementation of Subsection (a)(2) eliminates the
    5-1  requirement for compliance with the provisions of Subsection
    5-2  (b)(2)(B) for the duration that Subsection (a)(2) is in effect.
    5-3        (d)  A waste tire processor that in any month exceeds the <25
    5-4  percent> minimum requirement of Subsection (b)(2) shall receive a
    5-5  credit for the amount in excess of the requirement <25 percent>
    5-6  that may be used to meet the minimum requirement during a later
    5-7  month.  The commission <board of health> by rule may prescribe the
    5-8  method of applying credits accrued under this subsection.
    5-9        (e) <(d)>  The commission <board of health> by rule shall
   5-10  adopt application and payment procedures and requirements to
   5-11  implement this section.
   5-12        (f) <(e)>  A waste tire processor shall not be authorized to
   5-13  process or store scrap tires at those sites at which the processor
   5-14  is processing or storing or intends to process or store the scrap
   5-15  tires until the commission has determined that the processor is in
   5-16  compliance with all applicable requirements  <permitted Type VIII
   5-17  tire monofill approved under board of health rules may qualify as a
   5-18  waste tire processor and is eligible to receive payment under this
   5-19  section if the Type VIII tire monofill complies with all the
   5-20  provisions of this subchapter and rules of the board of health>.
   5-21        (g)  Notwithstanding Subsection (b)(3), the commission may
   5-22  reimburse for shredded scrap tires for which a processor has a
   5-23  binding agreement to deliver the shredded tires to a person to
   5-24  recycle, reuse, or utilize for energy recovery within 180 days from
   5-25  the date of reimbursement.
   5-26        Sec. 361.478.  Evaluation of Recycling and Energy Recovery
   5-27  Activities; Certification for Payment.  (a)  Beginning January
   5-28  <June> 1, 1995, and every two <five> years after that date, the
   5-29  commission <department> shall evaluate, according to standards
   5-30  adopted by commission <board of health> rule, the recycling and
   5-31  energy recovery activities of each waste tire processor that
   5-32  received payment from the waste tire recycling fund <under Section
   5-33  361.477 during the preceding five years>.
   5-34        (b)  After evaluation, the commission <department> shall
   5-35  certify as eligible for payment under this subchapter <Section
   5-36  361.477> during the next two <five> years a waste tire processor
   5-37  that has conducted or provided for recycling of or energy recovery
   5-38  from tires for which the processor received payment during the
   5-39  preceding period of operation <five years>.
   5-40        (c)  A waste tire processor that receives payment under this
   5-41  subchapter <Section 361.477> during any two-year <five-year> period
   5-42  and that after evaluation is not certified by the commission
   5-43  <department> under Subsection (b) as eligible for payment under
   5-44  this subchapter <Section 361.477> may not receive payment under
   5-45  this subchapter <that section> for the next two <five> years.
   5-46        (d)  The commission <board of health> by rule may establish a
   5-47  procedure by which a waste tire processor can reestablish
   5-48  eligibility for payment under this subchapter <Section 361.477>.
   5-49        Sec. 361.479.  Evidence of Financial Responsibility.  (a)  A
   5-50  waste tire storage facility registered by the commission
   5-51  <department> under Section 361.112 or a waste tire facility that
   5-52  accepts shredded scrap tires for storage or for processing for
   5-53  recycling, reuse, or energy recovery shall submit to the commission
   5-54  <department> evidence of financial responsibility in an amount
   5-55  adequate to assure proper cleanup and <or> closure of the facility.
   5-56        (b)  A facility subject to Subsection (a) shall submit to the
   5-57  commission <department> an estimate of the total amount of shredded
   5-58  scrap tires or scrap tire pieces measured by weighed tire that the
   5-59  facility will store or process and the estimated cost, using that
   5-60  total amount, of cleaning up and <or> closing the facility.
   5-61        (c)  The commission <department> shall evaluate and may amend
   5-62  an estimate submitted under Subsection (b) and <by order> shall
   5-63  determine for each facility the amount for which evidence of
   5-64  financial responsibility is required.
   5-65        (d)  Evidence of financial responsibility may be in the form
   5-66  of a performance bond or<,> a letter of credit from a recognized
   5-67  financial institution<, a trust fund, or insurance> for a privately
   5-68  owned facility, or a resolution by the commissioners court or the
   5-69  city council, as appropriate, for a publicly owned facility.  On or
   5-70  after September 1, 1993, persons requesting new processing
    6-1  registration shall not be allowed to provide evidence of financial
    6-2  responsibility through a trust agreement or insurance.
    6-3        Sec. 361.480.  Tire Collection Fee Prohibited.  A waste tire
    6-4  transporter or mobile tire shredder may not charge a fee to a
    6-5  wholesale or retail dealer for collecting for delivery to a waste
    6-6  tire facility or for collecting and shredding <used or> scrap tires
    6-7  accepted for temporary storage by the dealer from purchasers of new
    6-8  tires.
    6-9        Sec. 361.481.  Prohibition on Out-of-State Tires.  A waste
   6-10  tire processor may not claim payment under Section 361.477 for
   6-11  shredding out-of-state tires.
   6-12        Sec. 361.482.  Prohibition on Disposal of Shredded Tires in
   6-13  Landfill.  A waste tire processor may not dispose of shredded scrap
   6-14  tires in a landfill if the processor has received payment under
   6-15  Section 361.477 for the shredding of such tires.
   6-16        Sec. 361.483.  Civil Penalty.  (a)  A person who violates any
   6-17  section of this subchapter <Section 361.481 or 361.482> is liable
   6-18  for an administrative <a civil> penalty of up to $10,000 per day
   6-19  and corrective action for each violation and is liable for a civil
   6-20  penalty of up to $25,000 and corrective action for each violation.
   6-21        (b)  The attorney general or the prosecuting attorney in the
   6-22  county in which the alleged violation occurs may bring suit to
   6-23  recover the civil penalty imposed under Subsection (a).
   6-24        (c)  The commission may bring suit to mandate the corrective
   6-25  action required or to recover administrative penalties imposed
   6-26  under Subsection (a).
   6-27        (d)  An administrative or civil <A> penalty collected under
   6-28  this section shall be deposited to the credit of the waste tire
   6-29  recycling fund.
   6-30        Sec. 361.484.  Rules.  The commission <board of health> may
   6-31  adopt rules reasonably necessary to implement this subchapter.
   6-32        Sec. 361.485.  Report.  Not later than February 1 of each
   6-33  odd-numbered year, the commission <department> shall report to the
   6-34  governor and the legislature on the administration of the program
   6-35  established under this subchapter and its effectiveness in cleaning
   6-36  up existing scrap tire dumps and in preventing new scrap tire
   6-37  dumps.
   6-38        Sec. 361.486.  RECYCLING EFFORTS.  (a)  On and after
   6-39  January 1, 1995, all new, amended, and renewal processing
   6-40  registrations shall require the processor to identify those persons
   6-41  that will accept the processor's shredded scrap tire pieces either
   6-42  to recycle or reuse the shredded scrap tires or to utilize the
   6-43  shredded scrap tires for energy recovery.  The commission shall
   6-44  reimburse for only those shredded tires which the commission
   6-45  determines are committed to a legitimate end user.
   6-46        (b)  The commission shall have the authority to review and
   6-47  approve or disapprove the use of the person identified by the
   6-48  processor to recycle or reuse the shredded scrap tires or utilize
   6-49  the shredded scrap tires for energy recovery unless that person has
   6-50  already been authorized by the state to use tire-derived fuel for
   6-51  energy recovery in which case that person is only required to
   6-52  register pursuant to Subsection (e).
   6-53        (c)  The commission shall adopt a rule to define recycling
   6-54  for purposes of this subchapter.
   6-55        (d)  On January 1, 1994, and on a semiannual basis
   6-56  thereafter, registered processors and storage site owners and
   6-57  operators shall report their recycling, reuse, and energy recovery
   6-58  activities to the commission.  The commission by rule shall
   6-59  prescribe the form and other requirements of the report.
   6-60        (e)  All persons that recycle or recover the energy from
   6-61  whole used or scrap tires or shredded tire pieces shall register
   6-62  with the commission in accordance with the rules and on the forms
   6-63  prescribed by the commission.
   6-64        Sec. 361.487.  REIMBURSEMENT RESTRICTIONS.  (a)  A processor
   6-65  seeking reimbursement under Section 361.477 shall process and store
   6-66  the scrap tires or scrap tire pieces within the state.
   6-67        (b)  Scrap tires and scrap tire pieces generated in Texas,
   6-68  removed from Texas, and subsequently reintroduced to Texas shall be
   6-69  defined as out-of-state scrap tires for the purposes of this
   6-70  subchapter.
    7-1        (c)  Scrap tires and scrap tire pieces which were shredded
    7-2  and reimbursed shall not be disposed of in a Type VIII-S tire
    7-3  monofill.
    7-4        Sec. 361.488.  GENERATOR CHARGE PROHIBITED.  A scrap tire
    7-5  generator shall not receive remuneration in exchange for scrap
    7-6  tires.
    7-7        Sec. 361.489.  IMMEDIATE REMOVAL AND REMEDIAL ACTION BY THE
    7-8  COMMISSION.  (a)  If after investigation the commission finds that
    7-9  there exists a situation caused by the illegal dumping of scrap
   7-10  tires that is causing or may cause imminent and substantial
   7-11  endangerment to the public health and safety or the environment and
   7-12  that the immediacy of the situation makes it prejudicial to the
   7-13  public interest to delay action until an administrative order can
   7-14  be issued to potentially responsible parties or until a judgment
   7-15  can be entered in an appeal of an administrative order, the
   7-16  commission may, with the funds available to the commission from the
   7-17  waste tire recycling fund, undertake immediate remediation of the
   7-18  site.
   7-19        (b)  If a person ordered to eliminate an imminent and
   7-20  substantial danger to the public health and safety or the
   7-21  environment has failed to do so within the time limits specified in
   7-22  the order or any extension of time approved by the commission, the
   7-23  commission may implement a remedial program for the site.
   7-24        (c)  The commission may recover against all responsible
   7-25  parties reasonable expenses for undertaking immediate removal under
   7-26  Subsection (a) or for implementing a remedial action order under
   7-27  Subsection (b).
   7-28        (d)  The commission shall file the cost recovery action no
   7-29  later than one year after immediate-removal or remedial-action
   7-30  measures are completed.
   7-31        (e)  Money collected in a cost recovery action shall be
   7-32  deposited to the credit of the waste tire recycling fund.
   7-33        (f)  The commission, in lieu of recovery costs incurred under
   7-34  this section, may file a lien against the property on which the
   7-35  site is located.  The lien shall state the name of the owner of the
   7-36  property, the amount owed, and the legal description of the
   7-37  property.  The lien arises and attaches on the date the lien is
   7-38  filed in the real property records of the county in which the
   7-39  property is located.  The lien is subordinate to the rights of
   7-40  prior bona fide purchasers and lienholders on the property.
   7-41        Sec. 361.490.  PRIORITY ENFORCEMENT LIST SITE ACCESS.
   7-42  (a)  The members of the commission, employees and agents of the
   7-43  commission, and authorized processors and their subcontractors are
   7-44  entitled to enter any public or private property at any reasonable
   7-45  time for the purpose of inspecting, investigating, or remediating
   7-46  any conditions relating to illegal scrap-tire dumping.  Notice of
   7-47  intent to enter private property for such purposes shall be given
   7-48  by the executive director by certified mail to the last known
   7-49  address indicated in the current county property records at least
   7-50  10 days before commission members, commission employees and agents,
   7-51  or authorized processors and their subcontractors may enter the
   7-52  property.  Commission members, commission employees and agents, and
   7-53  authorized processors and their subcontractors who, acting under
   7-54  this authority, enter private property shall observe the
   7-55  establishment's rules concerning safety, internal security, and
   7-56  fire protection and, if the property has management in residence,
   7-57  shall make a reasonable attempt to notify the management or the
   7-58  person in charge of their presence and shall exhibit credentials.
   7-59        (b)  Authorized processors and their subcontractors shall not
   7-60  be considered agents of the State of Texas and are solely
   7-61  responsible for their actions.
   7-62        (c)  Whenever it appears that a person has violated or is
   7-63  violating or is threatening to violate any provision of this
   7-64  subchapter or any rule, permit, or order of the commission, the
   7-65  executive director may have a civil suit instituted in district
   7-66  court for injunctive relief to restrain the person from continuing
   7-67  the violation or threat of violation.
   7-68        Sec. 361.491.  NEW TIRE WHOLESALERS AND RETAILERS.  Any
   7-69  person selling new tires as described in Section 361.472(a) shall
   7-70  accept from customers, without charge, used scrap tires of the type
    8-1  and in a quantity at least equal to the number of new tires
    8-2  purchased, if offered by customers.
    8-3        Sec. 361.492.  CONFIDENTIALITY.  Information submitted to the
    8-4  commission pursuant to Section 361.477(b)(3) or (g) or any reports
    8-5  generated by the commission based on such information shall be
    8-6  deemed confidential by law as commercial or financial information.
    8-7        Sec. 361.493.  APPEAL.  The commission shall establish a
    8-8  process by which a registered waste tire processor who is adversely
    8-9  affected by an agency decision affecting reimbursement may appeal
   8-10  that decision to the executive director or the commission.
   8-11        SECTION 2.  The importance of this legislation and the
   8-12  crowded condition of the calendars in both houses create an
   8-13  emergency and an imperative public necessity that the
   8-14  constitutional rule requiring bills to be read on three several
   8-15  days in each house be suspended, and this rule is hereby suspended,
   8-16  and that this Act take effect and be in force from and after its
   8-17  passage, and it is so enacted.
   8-18                               * * * * *
   8-19                                                         Austin,
   8-20  Texas
   8-21                                                         March 16, 1993
   8-22  Hon. Bob Bullock
   8-23  President of the Senate
   8-24  Sir:
   8-25  We, your Committee on Economic Development to which was referred
   8-26  S.B. No. 471, have had the same under consideration, and I am
   8-27  instructed to report it back to the Senate with the recommendation
   8-28  that it do not pass, but that the Committee Substitute adopted in
   8-29  lieu thereof do pass and be printed.
   8-30                                                         Parker,
   8-31  Chairman
   8-32                               * * * * *
   8-33                               WITNESSES
   8-34                                                  FOR   AGAINST  ON
   8-35  ___________________________________________________________________
   8-36  Name:  Allan Shivers Jr.                         x
   8-37  Representing:  Waste Recovery
   8-38  City:  Austin
   8-39  -------------------------------------------------------------------
   8-40  Name:  Leo Templer                               x
   8-41  Representing:  Safe Tire Disposal Corp
   8-42  City:  Midlathian
   8-43  -------------------------------------------------------------------
   8-44  Name:  Thomas Shelton                            x
   8-45  Representing:  CMS Generation
   8-46  City:  Santa Rosa CA
   8-47  -------------------------------------------------------------------
   8-48  Name:  H. C. Gibson                              x
   8-49  Representing:  Tx Assoc. of Tire Recyclers
   8-50  City:  Atlanta TX
   8-51  -------------------------------------------------------------------
   8-52  Name:  Chet Brooks                               x
   8-53  Representing:  Self
   8-54  City:  Pasadena
   8-55  -------------------------------------------------------------------
   8-56  Name:  Bill Vincent                              x
   8-57  Representing:  Southern Tire Recyclers
   8-58  City:  Ft. Worth
   8-59  -------------------------------------------------------------------
   8-60  Name:  Mark McCoy                                x
   8-61  Representing:  Tx Tire Dealers and Retreader
   8-62  City:  Amarillo
   8-63  -------------------------------------------------------------------
   8-64  Name:  Kay Knapp                                 x
   8-65  Representing:  Self
   8-66  City:  Austin
   8-67  -------------------------------------------------------------------
   8-68  Name:  John Fisher                               x
   8-69  Representing:  TX Tire Dealers
   8-70  City:  Houston
    9-1  -------------------------------------------------------------------
    9-2  Name:  Gerald Rich II                            x
    9-3  Representing:  Gibson Recycling
    9-4  City:  Atlanta
    9-5  -------------------------------------------------------------------
    9-6  Name:  Anthony Grigsby                                         x
    9-7  Representing:  TX Water Comm
    9-8  City:  Austin
    9-9  -------------------------------------------------------------------
   9-10                                                  FOR   AGAINST  ON
   9-11  ___________________________________________________________________
   9-12  Name:  Mark Kennedy                              x
   9-13  Representing:  Tire Shredder Serv.
   9-14  City:  Port Neches
   9-15  -------------------------------------------------------------------
   9-16  Name:  E. W. Hickson                                     x
   9-17  Representing:  Alpha Business Consultants
   9-18  City:  Dallas
   9-19  -------------------------------------------------------------------
   9-20  Name:  J. Daniel Ibarra III                      x
   9-21  Representing:  Safe Tire Disposal Corp
   9-22  City:  San Antonio
   9-23  -------------------------------------------------------------------
   9-24  Name:  Jodie Webb                                x
   9-25  Representing:  Safe Tire Disposal Corp
   9-26  City:  Penwell
   9-27  -------------------------------------------------------------------
   9-28  Name:  Mary Miksa                                x
   9-29  Representing:  TX Assoc. of Business
   9-30  City:  Austin
   9-31  -------------------------------------------------------------------
   9-32  Name:  Ronald Hunt                               x
   9-33  Representing:  CMS Generation
   9-34  City:  San Mateo CA
   9-35  -------------------------------------------------------------------