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 -------------------------------------------------------------------