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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 electronic equipment of |
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consumers and certain other entities in this state; providing |
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administrative penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter Y, Chapter 361, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER Y. ELECTRONIC [COMPUTER] EQUIPMENT RECYCLING PROGRAM |
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SECTION 2. Section 361.951, Health and Safety Code, is |
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amended to read as follows: |
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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 |
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Electronic [Computer] Equipment Collection and Recovery Act. |
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SECTION 3. Section 361.952, Health and Safety Code, is |
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amended by adding Subdivisions (1-a), (2-a), (2-b), (3-a), (4-a), |
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(4-b), and (4-c) and amending Subdivisions (2), (3), and (4) to read |
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as follows: |
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(1-a) "Camera" means a device used to capture images |
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as still photographs or as a sequence of moving images also known as |
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videos or movies. |
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(2) "Computer equipment" means a desktop or notebook |
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computer and includes: |
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(A) a computer monitor or other display device |
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that does not contain a tuner; and |
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(B) a peripheral device such as a computer mouse |
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or computer keyboard. |
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(2-a) "Computer keyboard" means a peripheral input |
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device that uses an arrangement of buttons or keys as electronic |
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switches. |
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(2-b) "Computer mouse" means a hand-operated |
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electronic device that controls the coordinates of a cursor on the |
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computer screen. |
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(3) "Consumer" means an individual, small business, |
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not-for-profit organization, or school that purchases covered |
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electronic [who uses computer] equipment: |
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(A) [that is purchased] primarily for the |
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individual's personal or home business use; or |
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(B) for internal use by a: |
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(i) business with 10 or fewer employees; |
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(ii) not-for-profit organization with 50 or |
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fewer employees; or |
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(iii) public or private elementary or |
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secondary school. |
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(3-a) "Covered electronic equipment" means: |
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(A) computer equipment; |
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(B) televisions; |
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(C) personal digital assistants; |
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(D) electronic cameras; |
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(E) mobile telephones; and |
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(F) pagers. |
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(4) "Manufacturer" means a person: |
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(A) who manufactures or manufactured covered |
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electronic [computer] 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 covered electronic |
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[computer] equipment for delivery exclusively to or at the order of |
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the licensor; |
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(B) who sells or sold covered electronic |
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[computer] equipment 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 covered electronic |
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[computer] equipment for delivery exclusively to or at the order of |
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the licensor; |
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(C) who manufactures or manufactured covered |
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electronic [computer] equipment without affixing a brand; |
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(D) who manufactures or manufactured covered |
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electronic [computer] equipment to which the person affixes or |
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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) who imports or imported covered electronic |
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[computer] equipment manufactured outside the United States into |
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the United States unless at the time of importation the company or |
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licensee that sells or sold the covered electronic [computer] |
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equipment to the importer has or had assets or a presence in the |
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United States sufficient to be considered the manufacturer. |
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(4-a) "Mobile telephone" includes a cellular |
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telephone or similar wireless communications device that can be |
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used as a telephone. |
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(4-b) "Pager" means a personal wireless |
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communications device for short messages. The term includes: |
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(A) one-way numeric pagers; and |
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(B) two-way pagers that can send and receive |
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e-mail, numeric pages, and short message service messages. |
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(4-c) "Personal digital assistant" means a handheld |
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computer also known as a palmtop computer. |
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SECTION 4. Section 361.953, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 361.953. LEGISLATIVE FINDINGS AND PURPOSE. (a) |
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Computers and other electronic equipment [related display devices] |
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are critical elements to the strength and growth of this state's |
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economic prosperity and quality of life. Many of those products can |
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be refurbished and reused, and many contain valuable components |
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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 covered electronic |
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[computer] equipment that has reached the end of its useful life. |
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The program is based on individual manufacturer responsibility and |
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shared responsibility among consumers, retailers, and the |
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government of this state. |
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SECTION 5. Section 361.954, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 361.954. APPLICABILITY. (a) The collection, |
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recycling, and reuse provisions of this subchapter apply to covered |
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electronic [computer] equipment used and returned to the |
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manufacturer by a consumer in this state and do not impose any |
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obligation on an owner or operator of a solid waste facility. |
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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 covered electronic |
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[computer] equipment or a consumer's use of covered electronic |
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[computer] equipment under a lease agreement; or |
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(3) the sale or lease of covered electronic [computer] |
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equipment to an entity when the manufacturer and the entity enter |
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into a contract that effectively addresses the collection, |
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recycling, and reuse of covered electronic [computer] equipment |
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that has reached the end of its useful life. |
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SECTION 6. Section 361.955, Health and Safety Code, is |
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amended by amending Subsections (a), (b), (c), (d), (e), (f), (h), |
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(i), and (j) and adding Subsection (c-1) to read as follows: |
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(a) Before a manufacturer may offer covered electronic |
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[computer] equipment for sale in this state, 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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covered electronic [computer] equipment with the manufacturer's |
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brand. |
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(b) The recovery plan must enable a consumer to recycle |
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covered electronic [computer] equipment without paying a separate |
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fee at the time of recycling and must include provisions for: |
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(1) the manufacturer's collection from a consumer of |
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any covered electronic [computer] equipment that has reached the |
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end of its useful life and is labeled with the manufacturer's brand; |
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and |
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(2) recycling or reuse of covered electronic |
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[computer] equipment collected under Subdivision (1). |
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(c) The collection of covered electronic [computer] |
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equipment provided under the 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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(c-1) The recovery plan must provide for reasonably |
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convenient collection without charge of the manufacturer's covered |
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electronic equipment that is collected from consumers at a |
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collection site a county or municipality may provide for that |
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purpose. |
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(d) Examples of collection methods that alone or combined |
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meet the convenience 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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covered electronic [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 covered electronic [computer] |
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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 covered electronic [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 covered |
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electronic [computer] equipment and may include electronic |
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recyclers and repair shops, recyclers of other commodities, reuse |
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organizations, not-for-profit corporations, retailers, recyclers, |
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and other 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 covered |
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electronic [computer] 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 covered electronic [computer] |
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equipment when the equipment is sold. |
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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 covered electronic [computer] |
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equipment collected, recycled, and reused during the preceding |
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calendar year; and |
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(2) documentation verifying the collection, |
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recycling, and reuse of that covered electronic [computer] |
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equipment in a manner that complies with Section 361.964 regarding |
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sound environmental management. |
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(i) If more than one person is a manufacturer of a certain |
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brand of covered electronic [computer] equipment as defined by |
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Section 361.952, any of those persons may assume responsibility for |
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and satisfy the obligations of a manufacturer under this subchapter |
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for that brand. If none of those persons assumes responsibility or |
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satisfies the obligations of a manufacturer for the covered |
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electronic [computer] equipment of that brand, the commission may |
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consider any of those persons to be the responsible manufacturer |
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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 covered electronic [computer] |
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equipment, or sells or sold covered electronic [computer] equipment |
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manufactured by others, under a brand that was previously used by a |
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different person in the manufacture of the covered electronic |
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[computer] equipment extends to all covered electronic [computer] |
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equipment bearing that brand regardless of its date of manufacture. |
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SECTION 7. Sections 361.956(a) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(a) A person who is a retailer of covered electronic |
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[computer] equipment may not sell or offer to sell new covered |
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electronic [computer] equipment in this state unless the equipment |
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is labeled with the manufacturer's label and the manufacturer is |
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included on the commission's list of manufacturers that have |
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recovery plans. |
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(c) A retailer is not required to collect covered electronic |
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[computer] equipment for recycling or reuse under this subchapter. |
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SECTION 8. Section 361.957(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A manufacturer or retailer of covered electronic |
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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 covered electronic [computer] |
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equipment that is collected, recycled, or reused under this |
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subchapter. |
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SECTION 9. Section 361.958, Health and Safety Code, is |
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amended to read as follows: |
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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 covered electronic [computer] |
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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 covered electronic [computer] equipment, |
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including best management practices and information about and links |
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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) covered electronic [computer] equipment |
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collection events, collection sites, and community covered |
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electronic [computer] equipment recycling and reuse programs. |
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SECTION 10. Sections 361.959(b), (c), and (e), Health and |
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Safety Code, are amended to read as follows: |
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(b) The commission and the attorney general, as |
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appropriate, shall enforce this subchapter and, except as provided |
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by Subsections (d) and (e), take enforcement action against any |
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manufacturer, retailer, or person who recycles or reuses covered |
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electronic [computer] equipment for failure to comply with this |
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subchapter. |
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(c) The attorney general may file suit under Section 7.032, |
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Water Code, to enjoin an activity related to the sale of covered |
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electronic [computer] equipment in violation of this subchapter. |
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(e) A retailer who receives a warning notice from the |
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commission that the retailer's inventory violates this subchapter |
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because it includes covered electronic [computer] equipment from a |
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manufacturer that has not submitted the recovery plan required by |
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Section 361.955 must bring the inventory into compliance with this |
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subchapter not later than the 60th day after the date the warning |
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notice is issued. |
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SECTION 11. Section 361.962, Health and Safety Code, is |
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amended to read as follows: |
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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 covered electronic [computer] |
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equipment. |
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SECTION 12. Section 361.963, Health and Safety Code, is |
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amended to read as follows: |
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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 covered electronic [computer] equipment that is |
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collected, recycled, or reused. |
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(b) A consumer is encouraged to learn about recommended |
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methods for recycling and reuse of covered electronic [computer] |
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equipment that has reached the end of its useful life by visiting |
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the commission's and manufacturers' Internet sites. |
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SECTION 13. Section 361.964, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 361.964. SOUND ENVIRONMENTAL MANAGEMENT. (a) All |
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covered electronic [computer] equipment collected under this |
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subchapter must be recycled or reused in a manner that complies with |
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federal, state, and local law. |
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(b) The commission shall adopt as standards for recycling or |
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reuse of covered electronic [computer] equipment in this state the |
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standards provided by "Electronics Recycling Operating Practices" |
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as approved by the board of directors of the Institute of Scrap |
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Recycling Industries, Inc., April 25, 2006, or other standards from |
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a comparable nationally recognized organization. |
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SECTION 14. Sections 361.965(b), (c), and (d), Health and |
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Safety Code, are amended to read as follows: |
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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 covered electronic [computer] |
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equipment must be in compliance with this subchapter. |
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(c) A state agency that purchases or leases covered |
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electronic [computer] equipment shall require each prospective |
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bidder to certify the bidder's compliance with this subchapter. |
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Failure to provide that certification renders the prospective |
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bidder ineligible to participate in the bidding. |
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(d) In considering bids for a contract for covered |
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electronic [computer] equipment, in addition to any other |
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preferences provided under other laws of this state, the state |
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shall give special preference to a manufacturer that has a program |
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to recycle the covered electronic [computer] equipment of other |
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manufacturers, including collection events and manufacturer |
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initiatives to accept covered electronic [computer] equipment |
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labeled with another manufacturer's brand. |
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SECTION 15. Section 361.966(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) If federal law establishes a national program for the |
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collection and recycling of covered electronic [computer] |
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equipment and the commission determines that the federal law |
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substantially meets the purposes of this subchapter, the commission |
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may adopt an agency statement that interprets the federal law as |
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preemptive of this subchapter. |
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SECTION 16. Section 7.052(b-1), Water Code, is amended to |
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read as follows: |
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(b-1) The amount of the penalty assessed against a |
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manufacturer that does not label its covered electronic [computer] |
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equipment or adopt and implement a recovery plan as required by |
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Section 361.955, Health and Safety Code, may not exceed $10,000 for |
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the second violation or $25,000 for each subsequent violation. A |
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penalty under this subsection is in addition to any other penalty |
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that may be assessed for a violation of Subchapter Y, Chapter 361, |
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Health and Safety Code. |
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SECTION 17. (a) In this section, "covered electronic |
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equipment" has the meaning assigned by Section 361.952, Health and |
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Safety Code, as amended by this Act. The term includes computer |
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peripheral devices such as a computer mouse or computer keyboard as |
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those terms are defined by Section 361.952, Health and Safety Code, |
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as amended by this Act. For purposes of this section only, "covered |
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electronic equipment" does not include a desktop or notebook |
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computer or computer monitor or other display device that does not |
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contain a tuner. |
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(b) The Texas Commission on Environmental Quality shall |
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adopt any rules required to implement the amendments made by this |
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Act to Subchapter Y, Chapter 361, Health and Safety Code, not later |
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than May 1, 2010. |
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(c) The Texas Commission on Environmental Quality may not |
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enforce the change in law made by this Act applicable to covered |
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electronic equipment under Subchapter Y, Chapter 361, Health and |
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Safety Code, before September 1, 2010. |
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(d) The reports required under Sections 361.955 and |
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361.961, Health and Safety Code, to the extent that they apply to |
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covered electronic equipment, are not required to be prepared or |
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submitted for the first time before the dates specified by those |
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sections in 2012. |
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(e) Notwithstanding the 60-day limit under Section |
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361.959(d) or (e), Health and Safety Code, a retailer may sell any |
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covered electronic equipment inventory accrued before the |
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effective date of this Act without incurring a penalty. |
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SECTION 18. This Act takes effect September 1, 2009. |