79R4983 SGA-D
By: Armbrister S.B. No. 1298
A BILL TO BE ENTITLED
AN ACT
relating to restrictions on the transfer of a fuel tank to a metal
recycling entity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1956.103, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) Subsection (a) does not apply to a fuel tank that has
been completely drained and rendered unusable in accordance with
Texas Commission on Environmental Quality rules regardless of
whether the fuel tank is attached to a motor vehicle.
SECTION 2. Section 1956.104, Occupations Code, is amended
to read as follows:
Sec. 1956.104. NOTICE OF RESTRICTIONS. A metal recycling
entity shall post in a conspicuous location a notice that:
(1) is readily visible to a person selling material to
the metal recycling entity;
(2) is at least 24 inches horizontally by 18 inches
vertically; and
(3) contains the following language:
TEXAS LAW PROHIBITS:
1. THE SALE OF A WHOLE, FLATTENED, OR JUNKED MOTOR VEHICLE,
AN APPLIANCE, OR ANY OTHER SCRAP METAL ITEM CONTAINING A LEAD-ACID
BATTERY, FUEL TANK THAT HAS NOT BEEN COMPLETELY DRAINED AND
RENDERED UNUSABLE, OR PCB-CONTAINING CAPACITOR; AND
2. THE SALE OF LEAD-ACID BATTERIES, FUEL TANKS THAT HAVE NOT
BEEN COMPLETELY DRAINED AND RENDERED UNUSABLE, OR PCB-CONTAINING
CAPACITORS INCLUDED WITH OTHER SCRAP METALS WITHOUT OUR PRIOR
WRITTEN ACKNOWLEDGMENT.
VIOLATION OF THIS LAW IS A MISDEMEANOR.
SECTION 3. (a) The Texas Commission on Environmental
Quality shall adopt standards required under Section 1956.103(c),
Occupations Code, as added by this Act, defining fuel tanks that are
completely drained and unusable not later than December 1, 2005.
(b) The change in law made by this Act applies only to the
sale or transfer of a fuel tank to a metal recycling entity on or
after January 1, 2006. A fuel tank sold or transferred before that
date is subject to the law in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 4. This Act takes effect September 1, 2005.