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Amend SB 615 (senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Title 6, Business & Commerce Code, is amended by adding Chapter 205 to read as follows:
CHAPTER 205. REQUIREMENTS FOR CERTAIN PERSONS THAT GENERATE OR TRANSPORT SCRAP TIRES
Sec. 205.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission on Environmental Quality.
(2) "Scrap tire" means a tire that can no longer be used for the tire's original intended purpose.
(3) "Scrap tire generator" means a person that generates scrap tires. The term includes a tire dealer, junkyard, or fleet operator.
(4) "Scrap tire transporter" means a person that:
(A) collects scrap tires from another person for the purpose of removal to a scrap tire processor, end user, or disposal facility; and
(B) is required to register with the commission as a scrap tire transporter.
Sec. 205.002. BOND REQUIRED FOR SCRAP TIRE TRANSPORTER. (a) A scrap tire transporter shall file with the commission a bond issued by a surety company authorized to transact business in this state.
(b) The principal amount of the bond must equal at least $100,000.
(c) The bond must be payable to the state and conditioned on compliance with this chapter and any rules adopted under this chapter.
Sec. 205.003. STORAGE OF SCRAP TIRES. A scrap tire generator that stores scrap tires outdoors on its business premises shall store the scrap tires in a fully enclosed area or container that may be made secure by locking.
Sec. 205.004. RULES. The commission may adopt rules to implement this chapter.
Sec. 205.005. CIVIL PENALTY. (a) A person that violates this chapter is subject to a civil penalty in an amount not to exceed $500 for each violation. A separate penalty may be imposed for each day a violation occurs.
(b) The attorney general or the appropriate district or county attorney may bring an action against a person under this section in the name of the state in a district court in the county in which:
(1) the person resides; or
(2) the person's principal place of business is located.