81R488 SGA-D

By: Anchia H.B. No. 284

A BILL TO BE ENTITLED

AN ACT

relating to reporting of international shipments of electronic waste.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 361.954, Health and Safety Code, is amended to read as follows:

Sec. 361.954. APPLICABILITY. (a) Except as provided by Section 361.9553, the [The] collection, recycling, and reuse provisions of this subchapter apply to computer equipment used and returned to the manufacturer by a consumer in this state and do not impose any obligation on an owner or operator of a solid waste facility.

(b) Except as provided by Section 361.9553, this [This] subchapter does not apply to:

(1) a television, any part of a motor vehicle, a personal digital assistant, or a telephone;

(2) a consumer's lease of computer equipment or a consumer's use of computer equipment under a lease agreement; or

(3) the sale or lease of computer equipment to an entity when the manufacturer and the entity enter into a contract that effectively addresses the collection, recycling, and reuse of computer equipment that has reached the end of its useful life.

SECTION 2. Chapter 361, Health and Safety Code, is amended by adding Section 361.9553 to read as follows:

Sec. 361.9553. REPORTS ON INTERNATIONAL SHIPMENTS OF ELECTRONIC WASTE. (a) A business entity that operates in this state and ships for recycling, reuse, or disposal any sort of electronic parts or electronic equipment from this state to an ultimate destination that is located ouside the United States shall provide a quarterly report to the commission. The report must include:

(1) the business entity's name, address, and telephone number;

(2) the name of the chief executive officer or chief financial officer of the business entity;

(3) the type and amount of each shipment of electronic parts or electronic equipment transported;

(4) the date of each shipment's debarkation; and

(5) each shipment's destination country.

(b) The commission shall make the report's information publicly available on the commission's website in a timely manner.

(c) The commission may adopt rules to implement this section. The rules may provide for exemptions from compliance with this section for shipments made for humanitarian reasons or for de minimis shipments.

SECTION 3. (a) Section 361.9553, Health and Safety Code, as added by this Act, applies only to a shipment made on or after the effective date of this Act. A shipment made before that date is subject to the law in effect on the date the shipment was made, and that law is continued in effect for that purpose.

(b) The first report required by Section 361.9553, Health and Safety Code, as added by this Act, must cover the period beginning on the effective date of this Act and ending on December 31, 2009, and must be submitted to the Texas Commission on Environmental Quality not later than January 15, 2010.

SECTION 4. This Act takes effect September 1, 2009.