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A BILL TO BE ENTITLED
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AN ACT
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relating to the computer equipment recycling program; creating an |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.954(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The collection, recycling, and reuse provisions of this |
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subchapter apply to computer equipment used and returned to the |
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manufacturer by a consumer in this state and, except as provided by |
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Section 361.967, do not impose any obligation on an owner or |
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operator of a solid waste facility. |
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SECTION 2. Section 361.955, Health and Safety Code, is |
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amended by amending Subsection (d) and adding Subsection (d-1) to |
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read as follows: |
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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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computer equipment by mail, subject to Subsection (d-1); |
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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 computer 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 computer equipment. |
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(d-1) A collection system that allows for the return of |
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computer equipment by mail must also provide at least one |
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opportunity for a consumer to return computer equipment at a |
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physical collection site or a collection event. |
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SECTION 3. 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]. (a) The commission |
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shall impose an annual fee of $5,000 on each manufacturer of |
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equipment to which this subchapter applies. A manufacturer shall |
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pay the fee at the time the manufacturer submits the report required |
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under Section 361.955(h). |
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(b) Except as provided by Subsection (a), this [This] |
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subchapter does not authorize the commission to impose a fee, |
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including a recycling fee or registration fee, on a consumer, |
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manufacturer, retailer, or person who recycles or reuses computer |
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equipment. |
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(c) The commission shall deposit fees collected under this |
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section to the credit of the electronic waste account established |
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under Section 361.9621. |
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SECTION 4. Subchapter Y, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.9621 to read as follows: |
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Sec. 361.9621. ELECTRONIC WASTE ACCOUNT. (a) The |
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electronic waste account is an account in the general revenue fund. |
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(b) The account consists of: |
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(1) money collected by the commission under this |
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subchapter; and |
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(2) interest earned on money in the account. |
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(c) The commission shall use money deposited to the account |
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to maintain a public Internet website that provides consumers with |
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information about recycling opportunities in the state. |
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SECTION 5. Subchapter Y, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.967 to read as follows: |
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Sec. 361.967. PROHIBITION ON LAND DISPOSAL OR INCINERATION. |
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(a) In this section, "used equipment" means equipment that is |
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eligible for collection under a manufacturer's recovery plan |
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adopted under Section 361.955. |
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(b) A person may not knowingly dispose of used equipment in |
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a municipal solid waste landfill or incinerator. |
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(c) The owner or operator of a municipal solid waste |
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landfill or incinerator that is permitted under this chapter may |
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not intentionally or knowingly accept used equipment for disposal |
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or incineration. |
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(d) A penalty may be assessed under Section 7.052, Water |
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Code, for each item of used equipment disposed of or accepted for |
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disposal or incineration at a municipal solid waste landfill or |
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incinerator in violation of this section. |
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(e) The commission may adopt rules as necessary to enforce |
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this section. |
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SECTION 6. (a) The Texas Commission on Environmental |
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Quality shall adopt any rules required to implement the changes in |
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law made by this Act not later than January 1, 2012. |
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(b) The fee required by Section 361.962, Health and Safety |
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Code, as amended by this Act, is not due for the first time before |
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January 31, 2013. |
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SECTION 7. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2011. |
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(b) Sections 361.967(b) and (c), Health and Safety Code, as |
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added by this Act, take effect January 1, 2012. |