78R300 SMH-D
By: Dukes H.B. No. 595
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a program for the disposition of
electronic equipment; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 361, Health and Safety Code, is amended
by adding Subchapter W to read as follows:
SUBCHAPTER W. ELECTRONIC EQUIPMENT
Sec. 361.801. DEFINITIONS. In this subchapter:
(1) "Electronic equipment" means a device that is
operated primarily by electronic rather than mechanical means or
equipment or a device that contains a significant number of
components similar to those found in exclusively electronic
equipment. The term includes a computer, printer, copier,
television, monitor, facsimile machine, or video game player or a
device with a computer chip or circuit board.
(2) "Unit of electronic equipment" means an item of
electronic equipment that is regularly sold at wholesale or retail
and includes an item of electronic equipment that is not completely
assembled or is not working if the item contains substantially all
of the components that would regularly be found in such an item
being sold at wholesale or retail.
Sec. 361.802. RULES. (a) The commission, with the
assistance of the comptroller, shall adopt rules to implement the
program established by this subchapter.
(b) Notwithstanding Section 2001.039, Government Code, the
commission staff annually shall review the rules adopted under this
subchapter to ensure that the rules take into account changes in the
electronics or waste disposal industry.
(c) The commission may establish a technical advisory
committee to advise the commission in developing or reviewing rules
under this subchapter.
Sec. 361.803. RECYCLING MARKET DEVELOPMENT BOARD. The
Recycling Market Development Board shall:
(1) advise the commission and other participants in
the program established by this subchapter with regard to the
implementation of the program; and
(2) recommend changes to rules or other matters to
enhance the effectiveness of the program.
Sec. 361.804. SUSPENSION OF IMPLEMENTATION OF PROGRAM. (a)
The commission by rule may suspend the implementation of the
program established by this subchapter if the Recycling Market
Development Board determines that the private sector is
implementing an alternative program that complies substantially
with the requirements of this subchapter regarding the disposition
of electronic equipment.
(b) The commission by rule may reinstate the implementation
of the program established by this subchapter if the Recycling
Market Development Board subsequently determines that the private
sector is no longer implementing an alternative program that
complies substantially with the requirements of this subchapter
regarding the disposition of electronic equipment.
Sec. 361.805. EXEMPTION FOR CERTAIN EQUIPMENT OR
COMPONENTS. The commission by rule may exempt from fees or
disposition requirements under this subchapter electronic
equipment or components that do not contain harmful materials or
that contain de minimis amounts of those materials.
Sec. 361.806. INFORMATION REGARDING DISPOSITION OF
ELECTRONIC EQUIPMENT. (a) The commission shall maintain a
toll-free telephone number to allow a person to obtain information
regarding the requirements for disposition of electronic
equipment.
(b) A wholesale electronic equipment dealer or a
manufacturer of electronic equipment who sells electronic
equipment at retail shall:
(1) attach to any unit of electronic equipment sold in
this state a decal that contains the toll-free telephone number
maintained under Subsection (a) and any other information
prescribed by commission rule; and
(2) include with the unit of electronic equipment
information in a form prescribed by the commission describing the
requirements for disposition of electronic equipment.
Sec. 361.807. REGISTRATION OF WHOLESALERS AND
MANUFACTURERS OF ELECTRONIC EQUIPMENT. Unless the person holds a
registration issued by the commission under Chapter 37, Water Code,
the person may not engage in business as a wholesale electronic
equipment dealer in this state or a manufacturer of electronic
equipment who sells electronic equipment at retail in this state.
Sec. 361.808. FEE ON SALE OF ELECTRONIC EQUIPMENT. (a) A
wholesale electronic equipment dealer in this state or a
manufacturer of electronic equipment who sells electronic
equipment at retail in this state shall collect a fee at the time
and place of a sale in this state of a unit of electronic equipment.
(b) The amount of the fee is based on the classification of
the unit of electronic equipment. The commission by rule shall
classify units of electronic equipment as follows:
(1) Class A: a unit of electronic equipment with
minimal disposition costs;
(2) Class B: a unit of electronic equipment with
moderate disposition costs; or
(3) Class C: a unit of electronic equipment with high
disposition costs.
(c) The commission by rule shall determine the amount of the
fee for each class of units of electronic equipment. The commission
shall set the fees in amounts sufficient to cover the cost of
administering this subchapter. The fee for units of electronic
equipment classified as Class B shall exceed the fee for units of
electronic equipment classified as Class A, and the fee for units of
electronic equipment classified as Class C shall exceed the fee for
units of electronic equipment classified as Class B.
(d) The commission by rule shall establish a procedure by
which a person may appeal a commission rule regarding:
(1) the fee class that applies to a unit of electronic
equipment; or
(2) the eligibility of electronic equipment or a
component for an exemption from this section.
(e) A person required to collect a fee under this section
shall remit fees collected to the comptroller together with
documentation identifying:
(1) the manufacturers of the units of electronic
equipment on which the fees are imposed;
(2) the classes of the units of equipment sold; and
(3) the number of units of equipment of each class
sold.
(f) The comptroller shall collect from each manufacturer of
electronic equipment for which a wholesale dealer collects a fee
under this section an additional fee equal to the amount of the fee
collected by the wholesale dealer.
(g) The comptroller shall deposit the fees collected by the
comptroller under this section to the credit of the electronic
equipment disposition account established under Section 361.809.
(h) The commission, with the assistance of the comptroller,
shall adopt rules for the implementation of this section, including
rules governing:
(1) the types of sales of electronic equipment that
are subject to this section;
(2) the manner in which records of the sale of
electronic equipment are kept and submitted to the commission; and
(3) the manner in which fees are collected, remitted,
and deposited under this section.
Sec. 361.809. ELECTRONIC EQUIPMENT DISPOSITION ACCOUNT.
(a) The electronic equipment disposition account is an account in
the general revenue fund that may be appropriated only to the
commission to:
(1) make payments to registered electronic equipment
disposition specialists for the proper disposition of electronic
equipment;
(2) make low-interest loans to registered electronic
equipment disposition specialists to be used to make improvements
necessary to bring their facilities into compliance with rules
adopted under this subchapter and other laws governing the
disposition of electronic equipment;
(3) make grants to organizations for research on the
manner for disposing of electronic equipment;
(4) annually reimburse the comptroller for the
administrative costs incurred by the comptroller in implementing
and enforcing this subchapter, which costs may not exceed six
percent of the amount deposited to the credit of the account during
that year; and
(5) pay the administrative costs incurred by the
commission in implementing and enforcing this subchapter,
including the costs of:
(A) training landfill operators and registered
electronic equipment disposition specialists; and
(B) developing training materials for use by
electronic equipment disposition specialists in preparing for
registration.
(b) The commission may not use more than six percent of the
amount deposited to the credit of the account to pay costs described
by Subsection (a)(5).
(c) The commission may defer the making of payments, loans,
or grants from the account until the balance in the account reaches
an amount determined by the commission.
(d) The commission by rule shall specify the manner in which
payments, loans, or grants from the account are made.
Sec. 361.810. PUBLICATION OF INFORMATION DEVELOPED WITH
GRANTS. Information developed by a recipient of a grant under
Section 361.809(a)(3) shall be made available to the commission for
dissemination to the public.
Sec. 361.811. GIFTS, DONATIONS, AND GRANTS. The commission
may accept gifts, donations, and grants from any source for the
benefit of the electronic equipment disposition account.
Sec. 361.812. REPORTING TO LEGISLATURE AND RECYCLING MARKET
DEVELOPMENT BOARD. The commission shall report to the legislature
and the Recycling Market Development Board annually on the status
of the implementation of the program established by this
subchapter.
Sec. 361.813. REGISTRATION OF ELECTRONIC EQUIPMENT
DISPOSITION SPECIALISTS. Unless the person holds a registration
issued by the commission under Chapter 37, Water Code, a person may
not act as an electronic equipment disposition specialist.
Sec. 361.814. DISPOSITION OF ELECTRONIC EQUIPMENT. (a) A
person may not dispose of electronic equipment except by delivery
to a registered electronic equipment disposition specialist.
(b) A registered electronic equipment disposition
specialist shall accept for disposition all electronic equipment
delivered to the specialist by any source, subject to any
restrictions regarding:
(1) the volume of equipment that is appropriate for
the facility operated by the specialist; and
(2) the manner in which equipment must be delivered to
the specialist.
(c) A registered electronic equipment disposition
specialist shall dispose of electronic equipment delivered to the
specialist in a manner authorized by commission rule. The rules
shall prohibit disposing of electronic equipment by burial in a
landfill or by incineration.
Sec. 361.815. REIMBURSEMENT OF REGISTERED ELECTRONIC
EQUIPMENT DISPOSITION SPECIALIST. (a) A registered electronic
equipment disposition specialist shall keep a record in the manner
provided by commission rules of each unit of electronic equipment
disposed of by the specialist. The commission shall verify the
accuracy of the records.
(b) The commission, on application, shall reimburse a
registered electronic equipment disposition specialist from the
electronic equipment disposition account an amount determined by
the commission for each unit of electronic equipment disposed of by
the specialist. The amount the specialist may be reimbursed is
based on the classification of the unit of electronic equipment
under Section 361.808(b). The commission by rule shall set the
reimbursement amount for each class of units of electronic
equipment, with the reimbursement amount for units of equipment
classified as Class B exceeding the reimbursement amount for units
of equipment classified as Class A and the reimbursement amount for
units of equipment classified as Class C exceeding the
reimbursement amount for units of equipment classified as Class B.
(c) The commission shall make reimbursements to registered
electronic equipment disposition specialists quarterly.
SECTION 2. Subchapter E, Chapter 7, Water Code, is amended
by adding Section 7.1855 to read as follows:
Sec. 7.1855. VIOLATIONS RELATING TO DISPOSAL OF ELECTRONIC
EQUIPMENT. (a) In this section, "electronic equipment" has the
meaning assigned by Section 361.801, Health and Safety Code.
(b) A person commits an offense if the person:
(1) knowingly disposes of electronic equipment or a
component of electronic equipment in a manner not authorized by
rules adopted under Subchapter W, Chapter 361, Health and Safety
Code;
(2) knowingly exports electronic equipment or a
component of electronic equipment to a final destination in
violation of the Basel Convention on the Control of Transboundary
Movements of Hazardous Wastes and Their Disposal;
(3) intentionally keeps false records of electronic
equipment accepted for disposition; or
(4) intentionally falsifies a request for
reimbursement for disposing of electronic equipment.
(c) An offense under this section is a Class C misdemeanor.
SECTION 3. Sections 37.002 and 37.003, Water Code, are
amended to read as follows:
Sec. 37.002. RULES. The commission shall adopt any rules
necessary to:
(1) establish occupational licenses and registrations
prescribed by Sections 26.0301, 26.3573, 26.452, 26.456, and 34.007
of this code and Sections 341.033, 341.034, 361.027, 361.807,
361.813, and 366.071, Health and Safety Code;
(2) establish classes and terms of occupational
licenses and registrations; and
(3) administer the provisions of this chapter and
other laws governing occupational licenses and registrations under
the commission's jurisdiction.
Sec. 37.003. LICENSE OR REGISTRATION REQUIRED. A person
may not engage in a business, occupation, or profession described
by Section 26.0301, 26.3573, 26.452, 26.456, or 34.007 of this code
or Section 341.033, 341.034, 361.027, 361.807, 361.813, 366.014,
or 366.071, Health and Safety Code, unless the person holds the
appropriate license or registration issued by the commission.
SECTION 4. (a) This Act takes effect September 1, 2003.
(b) The Texas Commission on Environmental Quality shall
adopt rules under this Act not later than March 1, 2004.
(c) A person is not required to be registered under Section
361.807 or 361.813, Health and Safety Code, as added by this Act,
until March 1, 2004.
(d) Notwithstanding Subsection (c) of this section:
(1) a person who is engaged in business as a wholesale
electronic equipment dealer in this state or a manufacturer of
electronic equipment who sells electronic equipment at retail in
this state before March 1, 2004, and who applies for a registration
before that date may continue to engage in that business until the
commission acts on the person's application; and
(2) a person who acts as an electronic equipment
disposition specialist before March 1, 2004, and who applies for a
registration before that date may continue to act in that capacity
until the commission acts on the person's application.