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A BILL TO BE ENTITLED
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AN ACT
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relating to a program for the recycling of computer equipment of |
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consumers in this state; providing administrative penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 361, Health and Safety Code, is amended |
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by adding Subchapter Y to read as follows: |
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SUBCHAPTER Y. COMPUTER EQUIPMENT RECYCLING PROGRAM |
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Sec. 361.951. SHORT TITLE. This subchapter may be cited as |
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the Manufacturer Responsibility and Consumer Convenience Computer |
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Equipment Collection and Recovery Act. |
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Sec. 361.952. DEFINITIONS. In this subchapter: |
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(1) "Brand" means the name, symbol, logo, trademark, |
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or other information that identifies a product rather than the |
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components of the product. |
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(2) "Computer equipment" means a desktop or notebook |
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computer and includes a computer monitor or other display device |
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that does not contain a tuner. |
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(3) "Manufacturer" means a person: |
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(A) who manufactures or manufactured computer |
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equipment under a brand that: |
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(i) the person owns or owned; or |
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(ii) the person is or was licensed to use, |
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other than under a license to manufacture computer equipment for |
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delivery exclusively to or at the order of the licensor; |
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(B) who sells or sold computer equipment |
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manufactured by others under a brand that: |
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(i) the person owns or owned; or |
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(ii) the person is or was licensed to use, |
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other than under a license to manufacture computer equipment for |
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delivery exclusively to or at the order of the licensor; |
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(C) who manufactures or manufactured computer |
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equipment without affixing a brand; |
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(D) who manufactures or manufactured computer |
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equipment to which the person affixes or affixed a brand that: |
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(i) the person does not or has not owned; or |
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(ii) the person is not or was not licensed |
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to use; or |
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(E) for whose account computer equipment |
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manufactured outside the United States is or was imported into the |
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United States, if at the time of importation the computer equipment |
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was not included for collection under the recovery plan of another |
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person. |
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(4) "Television" means any telecommunication system |
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device that can broadcast or receive moving pictures and sound over |
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a distance and includes a television tuner or a display device |
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peripheral to a computer that contains a television tuner. |
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Sec. 361.953. LEGISLATIVE FINDINGS AND PURPOSE. (a) |
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Computers and related display devices are critical elements to the |
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strength and growth of this state's economic prosperity and quality |
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of life. Many of those products can be refurbished and reused, and |
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many contain valuable components that can be recycled. |
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(b) The purpose of this subchapter is to establish a |
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comprehensive, convenient, and environmentally sound program for |
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the collection, recycling, and reuse of computer equipment that has |
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reached the end of its useful life. The program is based on |
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individual manufacturer responsibility and shared responsibility |
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among consumers, retailers, and the government of this state. |
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Sec. 361.954. APPLICABILITY. (a) The collection, |
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recycling, and reuse provisions of this subchapter apply to |
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computer equipment used and returned to the manufacturer by a |
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consumer in this state. |
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(b) This subchapter does not apply to: |
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(1) a television, any part of a motor vehicle, a |
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personal digital assistant, or a telephone; |
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(2) a consumer's lease of computer equipment or a |
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consumer's use of computer equipment under a lease agreement; or |
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(3) the sale or lease of computer equipment to a |
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business. |
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Sec. 361.955. MANUFACTURER RESPONSIBILITIES. (a) Before a |
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manufacturer may offer computer equipment for sale in this state, |
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the manufacturer must: |
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(1) adopt and implement a recovery plan; and |
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(2) affix a permanent, readily visible label to the |
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computer equipment with the manufacturer's brand. |
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(b) The recovery plan must include, at no charge to the |
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consumer, provisions for: |
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(1) the manufacturer's collection from a consumer of |
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any computer equipment that has reached the end of its useful life |
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and is labeled with the manufacturer's brand; and |
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(2) recycling or reuse of computer equipment collected |
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under Subdivision (1). |
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(c) The collection of computer equipment provided under the |
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recovery plan must be: |
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(1) reasonably convenient and available to consumers |
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in this state; and |
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(2) designed to meet the collection needs of consumers |
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in this state. |
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(d) Collection methods that meet the convenience |
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requirements of this section include: |
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(1) a system by which the manufacturer or the |
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manufacturer's designee offers the consumer a system for returning |
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computer equipment by mail; |
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(2) a system using a physical collection site that the |
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manufacturer or the manufacturer's designee keeps open and staffed |
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and to which the consumer may return computer equipment; and |
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(3) a system using a collection event held by the |
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manufacturer or the manufacturer's designee at which the consumer |
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may return computer equipment. |
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(e) Collection services under this section may use existing |
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collection and consolidation infrastructure for handling computer |
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equipment and may include electronic recyclers and repair shops, |
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recyclers of other commodities, reuse organizations, |
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not-for-profit corporations, retailers, recyclers, and other |
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suitable operations. |
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(f) The recovery plan must include information for the |
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consumer on how and where to return the manufacturer's computer |
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equipment. The manufacturer: |
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(1) shall include collection, recycling, and reuse |
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information on the manufacturer's publicly available Internet |
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site; |
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(2) shall provide collection, recycling, and reuse |
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information to the commission; and |
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(3) may include collection, recycling, and reuse |
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information in the packaging for or in other materials that |
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accompany the manufacturer's computer equipment when the equipment |
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is sold. |
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(g) Information about collection, recycling, and reuse on a |
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manufacturer's publicly available Internet site does not |
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constitute a determination by the commission that the |
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manufacturer's recovery plan or actual practices are in compliance |
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with this subchapter or other law. |
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(h) Each manufacturer shall submit a report to the |
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commission not later than January 31 of each year that includes: |
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(1) the weight of computer equipment collected, |
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recycled, and reused during the preceding calendar year; and |
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(2) documentation verifying the collection, |
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recycling, and reuse of that computer equipment in a manner that |
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complies with Section 361.964 regarding sound environmental |
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management. |
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(i) If more than one person is a manufacturer of a certain |
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brand of computer equipment as defined by Section 361.952, any of |
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those persons may assume responsibility for and satisfy the |
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obligations of a manufacturer under this subchapter for that brand. |
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If none of those persons assumes responsibility or satisfies the |
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obligations of a manufacturer for the computer equipment of that |
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brand, the commission may consider any of those persons to be the |
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responsible manufacturer for purposes of this subchapter. |
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(j) The obligations under this subchapter of a manufacturer |
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who manufactures or manufactured computer equipment, or sells or |
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sold computer equipment manufactured by others, under a brand that |
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was previously used by a different person in the manufacture of the |
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computer equipment extends to all computer equipment bearing that |
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brand regardless of its date of manufacture. |
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Sec. 361.956. RETAILER RESPONSIBILITY. A person who is a |
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retailer of computer equipment may not sell or offer to sell |
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computer equipment in this state unless the equipment is labeled |
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with the manufacturer's label and the manufacturer is included on |
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the commission's list of manufacturers that have recovery plans. |
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Sec. 361.957. LIABILITY. (a) A manufacturer or retailer of |
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computer equipment is not liable in any way for information in any |
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form that a consumer leaves on computer equipment that is |
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collected, recycled, or reused under this subchapter. |
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(b) This subchapter does not exempt a person from liability |
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under other law. |
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Sec. 361.958. COMMISSION'S EDUCATION RESPONSIBILITIES. |
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(a) The commission shall educate consumers regarding the |
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collection, recycling, and reuse of computer equipment. |
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(b) The commission shall host or designate another person to |
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host an Internet site providing consumers with information about |
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the recycling and reuse of computer equipment, including |
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information about and links to information on: |
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(1) manufacturers' collection, recycling, and reuse |
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programs, including manufacturers' recovery plans; and |
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(2) computer equipment collection events, collection |
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sites, and community computer equipment recycling and reuse |
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programs. |
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(c) Inclusion on the commission's Internet site under |
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Subsection (b) does not constitute a determination by the |
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commission that the manufacturer's recovery plan or practices are |
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in compliance with this subchapter or other law. |
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Sec. 361.959. ENFORCEMENT. (a) The commission may conduct |
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audits and inspections to determine compliance with this |
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subchapter. |
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(b) The commission and the attorney general, as |
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appropriate, shall enforce this subchapter and take enforcement |
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action against any manufacturer, retailer, or person who recycles |
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or reuses computer equipment for failure to comply with this |
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subchapter. |
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(c) Notwithstanding Section 7.052, Water Code, a |
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manufacturer that does not label its new computer equipment or |
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adopt and implement a recovery plan as required by Section |
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361.955(a) may be assessed an administrative penalty, in addition |
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to any other penalty under this subchapter, of not more than $10,000 |
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for the first violation and not more than $25,000 for each |
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subsequent violation. |
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(d) Except as provided by Subsection (c) and |
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notwithstanding Section 7.052, Water Code, a person who violates |
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this subchapter may be assessed an administrative penalty, in |
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addition to any other penalty under this subchapter, of not more |
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than $1,000 for the first violation and not more than $2,000 for |
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each subsequent violation. |
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(e) A penalty assessed under this section shall be paid to |
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the commission and deposited to the Waste Management Account, #549. |
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(f) A violation of a prohibition of this subchapter related |
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to sales may be enjoined in an action brought by the attorney |
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general on behalf of this state under Section 7.032, Water Code. |
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(g) Money collected under this section may be used only for |
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the administration of this subchapter. |
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Sec. 361.960. FINANCIAL AND PROPRIETARY INFORMATION. |
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Financial or proprietary information submitted to the commission |
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under this subchapter is exempt from public disclosure under |
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Chapter 552, Government Code. |
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Sec. 361.961. ANNUAL REPORT TO LEGISLATURE. The commission |
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shall compile information from producers and issue an electronic |
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report to the committee in each house of the legislature having |
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primary jurisdiction over environmental matters not later than |
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March 1 of each year. |
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Sec. 361.962. FEES NOT AUTHORIZED. This subchapter does |
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not authorize the commission to impose a fee, including a recycling |
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fee or registration fee, on a consumer, manufacturer, retailer, or |
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person who recycles or reuses computer equipment. |
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Sec. 361.963. CONSUMER RESPONSIBILITIES. (a) A consumer |
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is responsible for any information in any form left on the |
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consumer's computer equipment that is collected, recycled, or |
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reused. |
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(b) A consumer is encouraged to learn about recommended |
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methods for recycling and reuse of computer equipment that has |
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reached the end of its useful life by visiting the commission's and |
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manufacturers' Internet sites. |
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Sec. 361.964. SOUND ENVIRONMENTAL MANAGEMENT. (a) All |
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computer equipment collected under this subchapter must be recycled |
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or reused in a manner that complies with federal, state, and local |
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law. |
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(b) The commission shall adopt as standards for recycling or |
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reuse of computer equipment in this state the standards provided by |
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"Electronics Recycling Operating Practices" as approved by the |
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board of directors of the Institute of Scrap Recycling Industries, |
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Inc., April 25, 2006, or other standards from a comparable |
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nationally recognized organization. |
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Sec. 361.965. STATE PROCUREMENT REQUIREMENTS. (a) In this |
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section, "state agency" has the meaning assigned by Section |
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2052.101, Government Code. |
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(b) A person who submits a bid for a contract with a state |
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agency for the purchase or lease of computer equipment must be in |
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compliance with this subchapter. |
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(c) A state agency that purchases or leases computer |
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equipment shall require each prospective bidder to certify the |
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bidder's compliance with this subchapter. Failure to provide that |
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certification renders the prospective bidder ineligible to |
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participate in the bidding. |
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(d) In considering bids for a contract for computer |
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equipment, in addition to any other preferences provided under |
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other laws of this state, the state shall give special preference to |
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a manufacturer that has a program to recycle or reuse the computer |
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equipment of other manufacturers, including collection events, |
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recycling grants, and manufacturer initiatives to accept computer |
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equipment labeled with another manufacturer's brand. |
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(e) The Texas Building and Procurement Commission and the |
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Department of Information Resources shall adopt rules to implement |
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this section. |
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Sec. 361.966. FEDERAL PREEMPTION; EXPIRATION. (a) If |
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federal law establishes a national program for the collection and |
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recycling of computer equipment and the commission determines that |
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the federal law substantially meets the purposes of this |
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subchapter, the commission may adopt an agency statement that |
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interprets the federal law as preemptive of this subchapter. |
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(b) This subchapter expires on the date the commission |
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issues a statement under this section. |
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SECTION 2. (a) The Texas Commission on Environmental |
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Quality shall adopt any rules required to implement this Act not |
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later than May 1, 2008. |
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(b) This Act may not be enforced before September 1, 2008. |
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(c) The reports required under Sections 361.955 and |
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361.961, Health and Safety Code, as added by this Act, are not |
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required to be prepared or submitted for the first time before the |
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dates specified by those sections in 2010. |
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SECTION 3. This Act takes effect September 1, 2007. |