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A BILL TO BE ENTITLED
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AN ACT
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relating to the storage, transportation, and disposal of tires; |
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providing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.1125(a)(1), Health and Safety Code, |
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is amended to read as follows: |
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(1) "Scrap tire" has the meaning assigned by Section |
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361.471 [361.112]. |
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SECTION 2. Chapter 361, Health and Safety Code, is amended |
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by adding Subchapter P to read as follows: |
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SUBCHAPTER P. STORAGE, TRANSPORTATION, AND DISPOSAL OF USED |
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OR SCRAP TIRES |
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Sec. 361.471. DEFINITIONS. In this subchapter: |
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(1) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(2) "Generator" means: |
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(A) a fleet operator; |
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(B) an automotive dismantler; or |
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(C) a new or used tire retailer, wholesaler, |
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manufacturer, recapper, or retreader. |
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(3) "Reusable tire" means a used tire that: |
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(A) can be used for its original intended |
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purpose; |
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(B) has tire tread not less than one-sixteenth |
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inch deep; |
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(C) does not have chunking, bumps, knots, or |
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bulges evidencing cord, ply, or tread separation from the casing or |
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other adjacent material; and |
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(D) does not have exposed tire cords or belting |
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material as a result of damage to the tire. |
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(4) "Scrap tire" means: |
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(A) a used tire that a generator has rendered |
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unusable; or |
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(B) a tire that can no longer be used for its |
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original intended purpose because it has: |
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(i) tire tread less than one-sixteenth inch |
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deep; |
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(ii) chunking, bumps, knots, or bulges |
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evidencing cord, ply, or tread separation from the casing or other |
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adjacent material; or |
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(iii) exposed tire cords or belting |
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material as a result of damage to the tire. |
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(5) "Transporter" means: |
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(A) a person who transports used or scrap tires |
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for compensation; or |
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(B) a generator who transports used or scrap |
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tires. |
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Sec. 361.472. RULES. The commission by rule shall adopt |
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application forms and procedures for the registration and |
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permitting processes authorized under this subchapter. |
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Sec. 361.473. STORAGE OF USED OR SCRAP TIRES; REGISTRATION |
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REQUIRED. (a) A person may not store more than 500 used or scrap |
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tires for any period on any publicly or privately owned property |
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unless the person registers the storage site with the commission. |
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This section does not apply to: |
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(1) the storage, protection, or production of |
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agricultural commodities; or |
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(2) the temporary storage of used or scrap tires for |
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eventual recycling, reuse, or energy recovery if the storage is |
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approved by the commission. |
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(b) The commission may register a site to store more than |
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500 used or scrap tires. |
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Sec. 361.474. STORAGE OF USED OR SCRAP TIRES; SHREDDING, |
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SPLITTING, OR QUARTERING REQUIRED. (a) A person may not store |
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more than 500 used or scrap tires unless the tires are shredded, |
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split, or quartered as provided by commission rule. The commission |
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may grant an exception to this requirement if the commission finds |
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that circumstances warrant the exception. |
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(b) The prohibition provided by Subsection (a) does not |
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apply to: |
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(1) a registered waste tire energy recovery facility |
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or a waste tire energy recovery facility storage site; or |
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(2) a person who, for eventual recycling, reuse, or |
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energy recovery, temporarily stores used or scrap tires: |
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(A) in a designated recycling collection area at |
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a landfill permitted by the commission or licensed by a county or by |
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a political subdivision exercising the authority granted by Section |
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361.165; or |
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(B) at another location approved by the |
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commission for the temporary storage of used or scrap tires. |
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Sec. 361.475. STORAGE OF TIRES IN CERTAIN LOCATIONS. The |
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commission may adopt rules to regulate the storage of used, scrap, |
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or shredded tires that are stored at a marine dock, rail yard, or |
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trucking facility for more than 30 days. |
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Sec. 361.476. TRANSPORTATION OF USED OR SCRAP TIRES; |
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REGISTRATION REQUIRED. (a) Except as provided by commission rule, |
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a transporter may not transport used or scrap tires unless the |
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transporter registers with the commission. |
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(b) A generator may register as a transporter. |
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(c) A transporter may not transport reusable tires together |
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with scrap tires unless the reusable and scrap tires are collected |
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from a generator and transported directly to a tire processor, as |
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defined by commission rule. |
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(d) The commission by rule may exempt from the requirements |
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of this section a type of transporter if the commission finds that |
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circumstances support the exemption. |
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Sec. 361.477. TRANSPORTATION OF USED OR SCRAP TIRES; |
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MANIFEST AND ACCEPTABLE DESTINATIONS. (a) A transporter who |
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transports used or scrap tires for storage or disposal shall |
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maintain records and use a manifest or other appropriate |
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documentation system as provided by commission rule to ensure that |
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those tires are transported to: |
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(1) a storage site that is registered under Section |
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361.473; |
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(2) a disposal facility that is permitted under |
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Section 361.479 for that purpose; |
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(3) if the tire is a reusable tire, a used tire dealer |
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or other generator; or |
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(4) another location allowed by commission rule |
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adopted under Section 361.478. |
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(b) A transporter who transports used or scrap tires for |
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storage or disposal shall file with the commission the manifest or |
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other appropriate documentation system used as required by this |
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section. |
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(c) The commission by rule may exempt from the requirements |
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of this section a type of transporter if the commission finds that |
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circumstances support the exemption. |
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Sec. 361.478. TRANSPORTATION OF USED OR SCRAP TIRES FOR |
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BENEFICIAL USE. The commission by rule shall authorize the |
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transportation of used or scrap tires to a facility that will reuse |
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the tires beneficially for purposes such as energy recovery, |
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tire-derived fuel, septic drain fields, rubber mulch, crumb rubber, |
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or reclamation projects. |
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Sec. 361.479. DISPOSAL AT PERMITTED SITE REQUIRED. (a) A |
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person may not dispose of used or scrap tires in a facility that is |
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not permitted by the commission for that purpose. |
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(b) The commission may issue a permit for a facility for the |
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disposal of used or scrap tires. |
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(c) The commission may amend, extend, transfer, or renew a |
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permit issued under this section as provided by this chapter and |
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commission rule. |
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(d) The notice and hearing procedures provided by |
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Subchapter C apply to a permit issued, amended, extended, |
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transferred, or renewed under this section. |
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(e) The commission may, for good cause, revoke or amend a |
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permit issued under this section for a reason concerning public |
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health, air or water pollution, land use, or a violation of this |
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section, as provided by Section 361.089. |
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Sec. 361.480. DISPOSAL OF USED OR SCRAP TIRES; SHREDDING, |
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SPLITTING, OR QUARTERING REQUIRED. (a) A person may not dispose of |
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any quantity of used or scrap tires unless the tires are shredded, |
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split, or quartered as provided by commission rule. The commission |
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may grant an exception to this requirement if the commission finds |
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that circumstances warrant the exception. |
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(b) Subsection (a) does not prohibit a person from storing |
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used or scrap tires temporarily for eventual recycling, reuse, or |
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energy recovery in a designated recycling collection area at a |
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landfill: |
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(1) permitted by the commission; or |
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(2) licensed by a county or by a political subdivision |
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exercising the authority granted by Section 361.165. |
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Sec. 361.481. DUTY TO REPORT IMPROPER DISPOSAL OF TIRES. A |
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political subdivision shall submit, at the time and in the form and |
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manner required by the commission, a report notifying the |
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commission of used or scrap tires disposed of at a location where |
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the disposal is not authorized by permit. |
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SECTION 3. Subchapter E, Chapter 7, Water Code, is amended |
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by adding Section 7.1851 to read as follows: |
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Sec. 7.1851. VIOLATIONS RELATING TO STORAGE, |
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TRANSPORTATION, AND DISPOSAL OF USED OR SCRAP TIRES. (a) A person |
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commits an offense if the person: |
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(1) recklessly violates: |
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(A) Section 361.473, Health and Safety Code; |
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(B) Section 361.474, Health and Safety Code; |
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(C) Section 361.476, Health and Safety Code; |
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(D) Section 361.479, Health and Safety Code; |
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(E) Section 361.480, Health and Safety Code; or |
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(F) an order, permit, or exemption issued, or |
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rule adopted, under Subchapter P, Chapter 361, Health and Safety |
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Code; or |
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(2) knowingly or intentionally violates: |
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(A) Section 361.473, Health and Safety Code; |
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(B) Section 361.474, Health and Safety Code; |
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(C) Section 361.476, Health and Safety Code; |
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(D) Section 361.479, Health and Safety Code; |
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(E) Section 361.480, Health and Safety Code; or |
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(F) an order, permit, or exemption issued, or |
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rule adopted, under Subchapter P, Chapter 361, Health and Safety |
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Code. |
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(b) An offense under Subsection (a)(1) is a Class A |
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misdemeanor. |
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(c) An offense under Subsection (a)(2) is a state jail |
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felony. |
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SECTION 4. Section 7.302(a), Water Code, is amended to read |
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as follows: |
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(a) This section applies to a permit or exemption issued by |
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the commission under: |
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(1) Chapter 26, 27, 28, or 31 of this code; |
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(2) Subchapter C, P, or R, Chapter 361, Health and |
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Safety Code; |
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(3) Subchapter D, Chapter 366, Health and Safety Code; |
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(4) Chapter 382, Health and Safety Code; or |
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(5) a rule adopted under any of those provisions. |
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SECTION 5. Section 7.303(a), Water Code, is amended to read |
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as follows: |
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(a) This section applies to a license, certificate, or |
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registration issued: |
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(1) by the commission under: |
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(A) Section 26.0301; |
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(B) Chapter 37; |
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(C) Section 361.0861 or[,] 361.092[, or
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361.112], Health and Safety Code; |
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(D) Chapter 366, 371, or 401, Health and Safety |
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Code; [or] |
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(E) Chapter 1903, Occupations Code; or |
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(F) Subchapter P, Chapter 361, Health and Safety |
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Code; |
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(2) by a county under Subchapter E, Chapter 361, |
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Health and Safety Code; or |
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(3) under a rule adopted under any of those |
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provisions. |
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SECTION 6. The following laws are repealed: |
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(1) Section 361.112, Health and Safety Code; and |
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(2) Section 7.304, Water Code. |
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SECTION 7. Not later than May 1, 2012, the Texas Commission |
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on Environmental Quality shall adopt rules as required by |
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Subchapter P, Chapter 361, Health and Safety Code, as added by this |
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Act. |
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SECTION 8. This Act takes effect September 1, 2011. |