By Chisum H.B. No. 3282
77R4744 JJT-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the scrap tire enforcement fund and the
1-3 regulation of scrap tire disposal.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 361, Health and Safety Code, is amended
1-6 by adding Subchapter P to read as follows:
1-7 SUBCHAPTER P. SCRAP TIRE ENFORCEMENT FUND
1-8 Sec. 361.471. DEFINITION. In this subchapter, "scrap tire"
1-9 has the meaning assigned by Section 361.112.
1-10 Sec. 361.472. SCRAP TIRE RECYCLING FEE. (a) A person who
1-11 sells or offers to sell new tires not for resale shall collect at
1-12 the time and place of sale a scrap tire enforcement fee of 25 cents
1-13 for each new tire sold that has a rim diameter of 12 inches or
1-14 greater. The fee required by this subsection does not apply to the
1-15 sale of new tires mounted on a new motor vehicle as original
1-16 equipment.
1-17 (b) A person required to collect a fee under this section
1-18 shall remit the fees collected to the comptroller at a time and in
1-19 the manner prescribed by the comptroller.
1-20 (c) The comptroller shall adopt rules as necessary to
1-21 administer and collect the fee under this section.
1-22 (d) The comptroller shall make copies of the reports
1-23 required under this section readily available to the commission on
1-24 request.
2-1 (e) This subchapter does not limit or prohibit a person from
2-2 charging, as a cost of conducting business, a scrap tire disposal
2-3 fee to a customer who purchases a new tire from the person at
2-4 retail. A person may not represent to a customer in connection
2-5 with a sale or offer to sell a new tire at retail that a scrap tire
2-6 disposal fee charged as a cost of conducting business is mandated
2-7 by the state.
2-8 (f) The comptroller may provide for payment and reporting
2-9 of scrap tire fees under this section to be made electronically.
2-10 (g) Chapters 101 and 111-113, Tax Code, and Sections 153.006
2-11 and 153.007, Tax Code, apply to the administration, payment,
2-12 collection, and enforcement of fees under this section in the same
2-13 manner that those chapters and sections apply to the
2-14 administration, payment, collection, and enforcement of taxes under
2-15 Title 2, Tax Code.
2-16 Sec. 361.473. SCRAP TIRE ENFORCEMENT FUND. (a) The scrap
2-17 tire enforcement fund is a special account in the general revenue
2-18 fund.
2-19 (b) The fund consists of:
2-20 (1) scrap tire enforcement fees;
2-21 (2) the fines and penalties described by Section
2-22 361.476(d);
2-23 (3) interest earned on the money in the fund; and
2-24 (4) gifts, grants, or money received by the commission
2-25 or the comptroller for the purposes of the fund.
2-26 (c) The fund may be used only to pay:
2-27 (1) for auditing required for scrap tire enforcement
3-1 under Section 361.476;
3-2 (2) for remediating any site where scrap tires have
3-3 been discarded illegally;
3-4 (3) the commission's reasonable and necessary
3-5 administrative costs of performing the commission's duties under
3-6 this subchapter; and
3-7 (4) the comptroller's reasonable and necessary
3-8 administrative costs of performing the comptroller's duties under
3-9 this subchapter.
3-10 Sec. 361.474. SCRAP TIRE COLLECTION REPORT. (a) A person
3-11 who sells or offers to sell new tires not for resale shall send to
3-12 the commission a scrap tire collection report at a time and in the
3-13 manner prescribed by commission rules.
3-14 (b) The commission by rule shall provide a form for
3-15 reporting the collection of scrap tires required by Subsection (a).
3-16 The form must include:
3-17 (1) the number of scrap tires that the person
3-18 collected in the normal course of business;
3-19 (2) the disposition of the number of scrap tires that
3-20 are no longer in the person's possession or control;
3-21 (3) the tax identification number assigned by the
3-22 comptroller to the scrap tire transporter or other person who
3-23 removed scrap tires permanently from the seller's premises; and
3-24 (4) any other information the commission by rule
3-25 determines to be necessary to adequately track the disposition of
3-26 scrap tires until the tires reach their final destination as a
3-27 waste product or raw material for recycling.
4-1 (c) The commission may provide for reports under this
4-2 section to be made electronically.
4-3 Sec. 361.475. SCRAP TIRE DISPOSITION REPORT. (a) Each
4-4 person receiving scrap tires as a waste product or raw material for
4-5 recycling shall:
4-6 (1) send to the commission a scrap tire disposition
4-7 report at a time and in the manner prescribed by commission rules;
4-8 and
4-9 (2) annually register with the commission as a
4-10 permanent disposition facility for scrap tires.
4-11 (b) The commission by rule shall provide a form for
4-12 reporting the disposition of scrap tires under Subsection (a). The
4-13 form must include:
4-14 (1) the number of scrap tires that the person
4-15 received;
4-16 (2) the disposition of the number of scrap tires that:
4-17 (A) are no longer in the person's possession or
4-18 control; or
4-19 (B) remain on the person's premises in any form;
4-20 (3) the tax identification number assigned by the
4-21 comptroller to the scrap tire transporter or other person who
4-22 transported scrap tires to the person's premises; and
4-23 (4) any other information the commission by rule
4-24 determines to be necessary to adequately track the disposition of
4-25 scrap tires until the tires reach their final destination as a
4-26 waste product or raw material for recycling.
4-27 (c) The commission may require an annual fee of not more
5-1 than $20 for registration under Subsection (a).
5-2 (d) To the extent possible, the reports required under this
5-3 section shall use the tax identification number assigned to a
5-4 person by the comptroller.
5-5 (e) A permitted landfill that receives shredded, split, or
5-6 quartered tires for disposal may require the person bringing the
5-7 tires to provide a report of the number of tires brought for
5-8 disposal. The permitted landfill need only forward copies of
5-9 reports received from the scrap tire transporter to satisfy the
5-10 requirements of this subsection.
5-11 (f) A permitted energy recovery facility that receives tires
5-12 for energy recovery purposes may require the person bringing the
5-13 tires to the facility to provide a report of the number of tires
5-14 delivered to the facility. The permitted energy recovery facility
5-15 need only forward copies of the report received from the scrap tire
5-16 transporter to satisfy the requirements of this section.
5-17 (g) The commission may provide for a report under this
5-18 section to be made electronically.
5-19 Sec. 361.476. COMMISSION AUDIT OF SCRAP TIRE REPORTING. (a)
5-20 To the extent practicable and necessary, the commission shall
5-21 compare scrap tire collection reports required under Section
5-22 361.474 and scrap tire disposition reports required under Section
5-23 361.475 to determine if scrap tires are being properly transported,
5-24 disposed of, or recycled.
5-25 (b) If the commission discovers a discrepancy in the
5-26 reporting documents required by Sections 361.474 and 361.475, the
5-27 commission shall conduct an investigation to determine if a
6-1 reasonable probability exists that scrap tires were discarded
6-2 illegally.
6-3 (c) If in an investigation under Subsection (b) the
6-4 commission determines that a reasonable probability exists that
6-5 scrap tires have been discarded illegally, the commission shall
6-6 institute any civil or criminal enforcement action the executive
6-7 director considers necessary and appropriate, including:
6-8 (1) asking the attorney general for enforcement if the
6-9 commission cannot determine the location of the illegally discarded
6-10 tires; or
6-11 (2) asking the county or district attorney for
6-12 enforcement in the county in which scrap tires have been discarded
6-13 illegally.
6-14 (d) The state's share of any fine or penalty collected for a
6-15 violation of this chapter, Chapter 365, or other law that involves
6-16 a site where scrap tires have been discarded illegally shall to the
6-17 extent practicable be used to remediate that site. If a penalty or
6-18 fine cannot practicably be used to remediate the site where the
6-19 tires were illegally discarded, the fines or penalties shall be
6-20 deposited into the scrap tire enforcement fund under Section
6-21 361.473.
6-22 SECTION 2. This Act takes effect September 1, 2001.