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