| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the Texas Commission on Environmental Quality and |
|
|
retailer responsibility regarding recycling of computer equipment. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 361.956, Health and Safety Code, is |
|
|
amended by amending Subsection (a) and adding Subsections (a-1), |
|
|
(d), and (e) to read as follows: |
|
|
(a) A person who is a retailer of computer equipment may not |
|
|
sell or offer to sell new computer equipment in this state unless: |
|
|
(1) the equipment is labeled with the manufacturer's |
|
|
label; and |
|
|
(2) the manufacturer is included on the commission's |
|
|
list of manufacturers that have recovery plans. |
|
|
(a-1) A person who is a retailer of computer equipment is |
|
|
considered in compliance with the requirements of Subsection (a)(2) |
|
|
if, on the date the computer equipment is ordered from the |
|
|
manufacturer or its agent, the manufacturer is included on the |
|
|
commission's Internet site as a manufacturer with a recovery plan. |
|
|
(d) The commission shall retain historical records that |
|
|
contain the list of manufacturers with recovery plans retrievable |
|
|
by date. |
|
|
(e) A person who is a retailer of computer equipment shall |
|
|
provide to consumers the information published by the commission |
|
|
regarding the legal disposition and recycling and reuse of computer |
|
|
equipment, including information regarding computer equipment |
|
|
collection events, collection sites, and community computer |
|
|
equipment recycling and reuse programs. The information must be |
|
|
provided in writing. The information may be included with the sales |
|
|
receipt or as part of the packaging of the equipment. |
|
|
Alternatively, the retailer may provide the information required by |
|
|
this subsection through a toll-free telephone number or address of |
|
|
an Internet site provided to consumers. |
|
|
SECTION 2. Section 361.958, Health and Safety Code, is |
|
|
amended by adding Subsection (c) to read as follows: |
|
|
(c) The commission shall remove manufacturers no longer in |
|
|
compliance with this subchapter from the Internet site once each |
|
|
fiscal quarter. |
|
|
SECTION 3. A retailer of computer equipment is not required |
|
|
to provide the information described by Section 361.956(e), Health |
|
|
and Safety Code, as added by this Act, before January 1, 2010. |
|
|
SECTION 4. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2009. |