By: Watson, Hinojosa  S.B. No. 329
         (In the Senate - Filed January 11, 2011; February 2, 2011,
  read first time and referred to Committee on Natural Resources;
  March 17, 2011, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 11, Nays 0; March 17, 2011,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 329 By:  Jackson
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the sale, recovery, and recycling of certain television
  equipment; providing administrative penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 361, Health and Safety Code, is amended
  by adding Subchapter Z to read as follows:
  SUBCHAPTER Z.  TELEVISION EQUIPMENT RECYCLING PROGRAM
         Sec. 361.971.  DEFINITIONS. In this subchapter:
               (1)  "Brand" has the meaning assigned by Section
  361.952.
               (2)  "Consumer" means an individual who uses covered
  television equipment that is purchased primarily for personal or
  home business use.
               (3)  "Covered television equipment" means the
  following equipment marketed to and intended for consumers:
                     (A)  a direct view or projection television with a
  viewable screen of nine inches or larger whose display technology
  is based on cathode ray tube, plasma, liquid crystal, digital light
  processing, liquid crystal on silicon, silicon crystal reflective
  display, light-emitting diode, or similar technology; or
                     (B)  a display device that is peripheral to a
  computer that contains a television tuner.
               (4)  "Market share allocation" means the quantity of
  covered television equipment, by weight, that an individual
  television manufacturer submitting a recovery plan under Section
  361.977 is responsible for collecting, reusing, and recycling, as
  computed by the commission under Section 361.983(g).
               (5)  "Recycling" means any process by which equipment
  that would otherwise become solid waste or hazardous waste is
  collected, separated, and refurbished for reuse or processed to be
  returned to use in the form of raw material or products.  The term
  does not include incineration.
               (6)  "Retailer" means a person who owns or operates a
  business that sells new covered television equipment by any means
  directly to a consumer.  The term does not include a person who, in
  the ordinary course of business, regularly leases, offers to lease,
  or arranges for the leasing of merchandise under a rental-purchase
  agreement.
               (7)  "Television" means an electronic device that
  contains a tuner that locks onto a selected carrier frequency and is
  capable of receiving and displaying video programming from a
  broadcast, cable, or satellite source.
               (8)  "Television manufacturer" means a person that:
                     (A)  manufactures covered television equipment
  under a brand the person owns or is licensed to use;
                     (B)  manufactures covered television equipment
  without affixing a brand;
                     (C)  resells covered television equipment
  produced by other suppliers under a brand the person owns or is
  licensed to use;
                     (D)  manufactures covered television equipment,
  supplies it to any person within a distribution network that
  includes a wholesaler or retailer, and benefits from the sale of the
  covered television equipment through that distribution network; or
                     (E)  assumes the responsibilities of a television
  manufacturer under this subchapter.
         Sec. 361.972.  LEGISLATIVE FINDINGS AND PURPOSE.  The
  purpose of this subchapter is to establish a comprehensive,
  convenient, and environmentally sound program for the collection
  and recycling of television equipment.  The program is based on
  individual television manufacturer responsibility and shared
  responsibility among consumers, retailers, and the government of
  this state.
         Sec. 361.973.  APPLICABILITY. (a)  Except as provided by
  this section and Section 361.991, this subchapter applies only to
  covered television equipment that is:
               (1)  offered for sale or sold to a consumer in this
  state; or
               (2)  used by a consumer in this state and returned for
  recycling.
         (b)  This subchapter does not apply to:
               (1)  computer equipment as that term is defined by
  Section 361.952;
               (2)  a manufacturer of a display device that is
  peripheral to a computer and contains a television tuner, if that
  manufacturer collects and recycles the device in accordance with
  Subchapter Y;
               (3)  any part of a motor vehicle, including a
  replacement part;
               (4)  a device that is functionally or physically part
  of or connected to another system or piece of equipment:
                     (A)  designed and intended for use in an
  industrial, governmental, commercial, research and development, or
  medical setting, including diagnostic monitoring or control
  equipment; or
                     (B)  used for security, sensing, monitoring,
  antiterrorism, or emergency services purposes;
               (5)  a device that is contained in exercise equipment
  intended for home use or an appliance intended for home use
  including a clothes washer, clothes dryer, refrigerator,
  refrigerator and freezer, microwave oven, conventional oven or
  range, dishwasher, room air conditioner, dehumidifier, and air
  purifier;
               (6)  a telephone of any type;
               (7)  a personal digital assistant;
               (8)  a global positioning system;
               (9)  a consumer's lease of covered television equipment
  or a consumer's use of covered television equipment under a lease
  agreement; or
               (10)  the sale or lease of covered television equipment
  to an entity when the television manufacturer and the entity enter
  into a contract that effectively addresses the recycling of
  equipment that has reached the end of its useful life.
         Sec. 361.974.  SALES PROHIBITION.  A person may not offer for
  sale in this state new covered television equipment unless the
  equipment has been labeled in compliance with Section 361.975.
         Sec. 361.975.  MANUFACTURER'S LABELING REQUIREMENT.  A
  television manufacturer may sell or offer for sale in this state
  only covered television equipment that is labeled with the
  television manufacturer's brand.  The label must be permanently
  affixed and readily visible.
         Sec. 361.976.  MANUFACTURERS' REGISTRATION AND REPORTING.
  (a)  A television manufacturer of covered television equipment
  shall register with the commission and, except as provided by
  Section 361.978, pay a registration fee of $2,500.  A registered
  television manufacturer shall renew the registration and, except as
  provided by Section 361.978, pay the fee on or before July 1 of each
  year.  The registration or registration renewal must include:
               (1)  a list of all brands the television manufacturer
  uses in this state on covered television equipment regardless of
  whether the television manufacturer owns or is licensed to use the
  brand; and
               (2)  contact information for the person the commission
  may contact regarding the television manufacturer's activities to
  comply with this subchapter.
         (b)  Except as provided by Section 361.978, not later than
  July 1 of each year, each registered television manufacturer of
  covered television equipment shall report to the commission:
               (1)  the total weight of covered television equipment
  for which the television manufacturer is responsible that was sold
  in this state during the preceding calendar year or, if the
  manufacturer does not track the weight of covered television
  equipment it sells by state, the television manufacturer may report
  the total amount of covered television equipment the television
  manufacturer sold nationally in the preceding calendar year; and
               (2)  the total weight of covered television equipment
  the television manufacturer collected and recycled in this state
  during the preceding calendar year.
         Sec. 361.977.  MANUFACTURER'S RECOVERY PLAN AND RELATED
  RESPONSIBILITIES. (a)  This section does not apply to a television
  manufacturer that participates in a recycling leadership program
  described by Section 361.978.
         (b)  Each television manufacturer of covered television
  equipment sold in this state shall, individually or as a member of a
  group of television manufacturers, submit to the commission a
  recovery plan to collect, reuse, and recycle covered television
  equipment.
         (c)  An individual television manufacturer that submits a
  recovery plan under Subsection (b) shall collect, reuse, and
  recycle covered television equipment.  Beginning with the
  television manufacturer's second year of registration, the
  individual television manufacturer shall collect, reuse, and
  recycle the quantity of covered television equipment computed by
  the commission as the television manufacturer's market share
  allocation.
         (d)  A group of television manufacturers that submits a
  recovery plan under Subsection (b) shall collect, reuse, and
  recycle covered television equipment.  Beginning the second year of
  registration for a group of television manufacturers, the group of
  television manufacturers shall collect, reuse, and recycle a
  quantity of covered television equipment equal to the sum of the
  combined market share allocations of the group's participants.
         (e)  A recovery plan under Subsection (b) must include at a
  minimum:
               (1)  a statement of whether the television manufacturer
  intends to collect and recycle its market share allocation through
  operation of its program, individually or in partnership with other
  television manufacturers;
               (2)  beginning with the television manufacturer's 
  second year of registration, the total weight of covered television
  equipment collected, reused, and recycled by or on behalf of the
  television manufacturer during the preceding year; and
               (3)  collection methods that allow a consumer to
  recycle covered television equipment without paying a separate fee
  at the time of recycling.
         (f)  The commission shall review the recovery plan for
  satisfaction of the requirements of this subchapter.  If the
  registration and recovery plan are complete, the commission shall
  include the television manufacturer on the commission's Internet
  website listing as provided by Section 361.983(a). The commission
  may reject the recovery plan if it does not meet all requirements of
  this subchapter.
         Sec. 361.978.  MANUFACTURER RECYCLING LEADERSHIP PROGRAM.
  (a)  A group of television manufacturers may establish a recycling
  leadership program to provide collection, transportation, and
  recycling infrastructure for covered television equipment in this
  state.
         (b)  A recycling leadership program must:
               (1)  provide at least 200 individual collection sites
  or programs in this state in a manner described by Subsection (d)
  where a consumer may return covered television equipment for reuse
  or recycling; and
               (2)  include television manufacturers that
  cumulatively represent at least five percent of the television
  equipment industry in terms of the total amount of television
  equipment sold in this state.
         (c)  A television manufacturer may not charge a separate fee
  at the time of recycling under this section unless at the time of
  recycling a financial incentive of equal or greater value to the fee
  charged is provided by the television manufacturer.
         (d)  Collection methods that may be used by a recycling
  leadership program under Subsection (b) for the recycling of
  covered television equipment include:
               (1)  a system by which the television manufacturer, an
  entity designated by the television manufacturer, or another
  private or public sector entity associated with the television
  manufacturer offers a consumer a physical collection site to return
  covered television equipment;
               (2)  a system by which the television manufacturer, an
  entity designated by the television manufacturer, or another
  private or public sector entity associated with the television
  manufacturer offers the consumer a method for returning covered
  television equipment by mail; and
               (3)  a system by which the television manufacturer, an
  entity designated by the television manufacturer, or another
  private or public sector entity associated with the television
  manufacturer holds a collection event where the consumer may return
  covered television equipment.
         (e)  A television manufacturer of covered television
  equipment sold in this state that is participating in a recycling
  leadership program for covered television equipment as of January 1
  of any year is not subject during that year to:
               (1)  the registration fees and renewal fees required by
  Section 361.976(a); and
               (2)  the reporting requirements of Section 361.976(b).
         (f)  A television manufacturer of covered television
  equipment that is sold in this state that participates in a
  recycling leadership program shall individually or through the
  recycling leadership program establish and implement a public
  education program regarding collection, reuse, and recycling
  opportunities that exist in this state for covered television
  equipment. The public education program must:
               (1)  inform consumers about the collection, reuse, and
  recycling opportunities for covered television equipment available
  in this state;
               (2)  work with the commission and other interested
  parties to develop educational materials that inform consumers
  about collection, reuse, and recycling opportunities available in
  this state; and
               (3)  use television manufacturer-developed customer
  outreach materials, such as packaging inserts, television
  manufacturers' Internet websites, and other communication methods,
  to inform consumers about collection, reuse, and recycling
  opportunities for covered television equipment available in this
  state.
         Sec. 361.979.  RECYCLING LEADERSHIP PROGRAM COLLECTION
  REPORT.  (a)  Not later than March 1 of each year, a television
  manufacturer of covered television equipment sold in this state
  that is participating in a recycling leadership program under
  Section 361.978 shall, individually or as a member of the recycling
  leadership program, submit to the commission and to the committee
  in each house of the legislature that has primary jurisdiction over
  environmental matters a collection report regarding the television
  manufacturer's collection, reuse, and recycling of covered
  television equipment.
         (b)  The collection report must include:
               (1)  an inventory of covered television equipment
  collection, reuse, and recycling opportunities that are currently
  available to consumers through the individual television
  manufacturer or the recycling leadership program in this state; and
               (2)  documentation of collection opportunities
  available to consumers in counties with populations of less than
  50,000, including an analysis of the number of collection sites
  available to consumers in those counties compared to the number of
  opportunities available to consumers in those counties to purchase
  new covered television equipment.
         (c)  The inventory of covered television equipment
  collection, reuse, and recycling opportunities required by
  Subsection (b)(1) may be submitted in the form of a map noting the
  location of the opportunities.
         (d)  The collection report may include:
               (1)  a listing of other existing collection and
  recycling infrastructure for covered television equipment not
  associated with the recycling leadership program, including
  electronic recyclers and repair shops, recyclers of other
  appropriate commodities, reuse organizations, not-for-profit
  corporations, retailers, and other suitable operations, including
  local government collection events, if available; and
               (2)  the amount by weight of the covered television
  equipment that the individual television manufacturer or the
  recycling leadership program has collected in the preceding year.
         Sec. 361.980.  RETAILER RESPONSIBILITY.  (a)  A retailer may
  order and sell only products from a television manufacturer that is
  included on the list published under Section 361.983(a).  A
  retailer shall consult that list before ordering covered television
  equipment in this state.  A retailer is considered to have complied
  with this subsection and may sell a product in the retailer's
  inventory if, on the date the product was ordered from the
  television manufacturer, the television manufacturer was listed on
  the Internet website described by Section 361.983(a).
         (b)  A person who is a retailer of covered television
  equipment shall provide to consumers in writing the information
  published by the commission regarding the legal disposition and
  recycling of television equipment. 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 and address of
  an Internet website provided to consumers.
         (c)  This subchapter does not require a retailer to collect
  covered television equipment for recycling.
         Sec. 361.981.  RECYCLER RESPONSIBILITIES.  A person who is
  engaged in the business of recycling covered television equipment
  in this state shall:
               (1)  register with the commission and certify that the
  person is in compliance with the standards adopted under Section
  361.990;
               (2)  on or before January 31 of each year renew the
  registration with the commission and certify the person's continued
  compliance with the standards adopted under Section 361.990;
               (3)  recycle all covered television equipment accepted
  for recycling in accordance with the standards adopted under
  Section 361.990;
               (4)  maintain a written log recording the weight of all
  covered television equipment received by the person and the
  disposition of that equipment; and
               (5)  annually report to the commission the total weight
  of covered television equipment received and recycled by the person
  in the preceding 12 months.
         Sec. 361.982.  LIABILITY. (a)  A television manufacturer,
  retailer, or person who recycles covered television equipment is
  not liable in any way for information in any form that a consumer
  leaves on covered television equipment that is collected or
  recycled under this subchapter.
         (b)  This subchapter does not exempt a person from liability
  under other law.
         Sec. 361.983.  COMMISSION RESPONSIBILITIES.  (a)  The
  commission shall publish on a publicly accessible Internet website:
               (1)  a list of television manufacturers who have
  registered with the commission; and
               (2)  a list of television manufacturers who are in full
  compliance with this subchapter.
         (b)  The commission shall remove television manufacturers no
  longer in compliance with this subchapter from the Internet website
  once each calendar quarter.
         (c)  The commission shall educate consumers regarding the
  collection and recycling of covered television equipment.
         (d)  The commission shall host or designate another person to
  host an Internet website and shall provide a toll-free telephone
  number to provide consumers with information about the recycling of
  covered television equipment, including best management practices
  and information about or links to information about:
               (1)  television manufacturers' collection and
  recycling programs, including television manufacturers' recovery
  plans; and
               (2)  covered television equipment collection events,
  collection sites, and community television equipment recycling
  programs.
         (e)  Information about collection and recycling provided on
  a television manufacturer's publicly available Internet website
  and through a toll-free telephone number does not constitute a
  determination by the commission that the television manufacturer's
  recovery plan or actual practices are in compliance with this
  subchapter or other law.
         (f)  Not later than February 15 of each year, the commission
  shall establish the state recycling rate by computing the ratio of
  the weight of total returns of covered television equipment in this
  state by television manufacturers submitting a recovery plan under
  Section 361.977 to the total weight of covered television equipment
  sold in this state by television manufacturers submitting a
  recovery plan under Section 361.977 during the preceding year.
         (g)  Not later than March 1 of each year, the commission
  shall compute and provide to each registered television
  manufacturer submitting a recovery plan under Section 361.977 the
  television manufacturer's market share allocation for collection,
  reuse, and recycling for that year.  A television manufacturer's
  market share allocation equals the weight of the television
  manufacturer's covered television equipment sold in this state
  during the preceding calendar year multiplied by the state
  recycling rate determined under Subsection (f).
         (h)  In any year in which more than one recycling leadership
  program is implemented under Section 361.978, the commission shall
  review all active recycling leadership programs established under
  this subchapter to ensure the programs are operating in a manner
  consistent with the goals of this subchapter, including a balanced
  recycling effort.  Based on the commission's review, the commission
  may make recommendations to the legislature on ways to improve the
  balance of the recycling effort.
         (i)  The commission shall provide to each county and
  municipality of this state information regarding the legal disposal
  and recycling of covered television equipment.  The information
  must be provided in writing.
         Sec. 361.984.  ENFORCEMENT. (a)  The commission may conduct
  audits and inspections to ensure compliance with this subchapter
  and rules adopted under this subchapter.
         (b)  The commission and the attorney general, as
  appropriate, shall enforce this subchapter and, except as provided
  by Subsections (d) and (e), take enforcement action against a
  television manufacturer, a retailer, or a person who recycles
  covered television equipment.
         (c)  The executive director or the attorney general may
  institute a suit under Section 7.032, Water Code, to enjoin an
  activity related to the sale of covered television equipment in
  violation of this subchapter.
         (d)  The commission shall issue a warning notice to a person
  on the person's first violation of this subchapter. The person must
  comply with this subchapter not later than the 60th day after the
  date the warning notice is issued.
         (e)  A retailer who receives a warning notice from the
  commission that the retailer's inventory violates this subchapter
  because it includes covered television equipment from a television
  manufacturer that is not in compliance with this subchapter must
  bring the inventory into compliance with this subchapter not later
  than the 60th day after the date the warning notice is issued.
         Sec. 361.985.  FINANCIAL AND PROPRIETARY INFORMATION.
  Financial or proprietary information submitted to the commission
  under this subchapter is exempt from public disclosure under
  Chapter 552, Government Code.
         Sec. 361.986.  ANNUAL REPORT TO LEGISLATURE.  (a)  The
  commission shall compile information from television manufacturers
  and issue an electronic report to the committee in each house of the
  legislature having primary jurisdiction over environmental matters
  not later than March 1 of each year.
         (b)  The report must include:
               (1)  collection information provided to the commission
  by each television manufacturer's annual report required by Section
  361.976(b) or 361.979(a), as applicable;
               (2)  a summary of comments that have been received from
  stakeholders such as television manufacturers, electronic
  equipment recyclers, local governments, and nonprofit
  organizations;
               (3)  any recommendations under Section 361.983(h); and
               (4)  any other information that would assist the
  legislature in evaluating the effectiveness of this subchapter.
         Sec. 361.987.  PROGRESS REPORT. (a)  Not later than
  September 1, 2017, the commission shall submit a report to the
  lieutenant governor, the speaker of the house of representatives,
  and the committees in each house of the legislature having primary
  jurisdiction over:
               (1)  environmental matters;
               (2)  state affairs; and
               (3)  business.
         (b)  The report must include:
               (1)  an evaluation of the effectiveness of covered
  television equipment collection, reuse, and recycling efforts
  under this subchapter; and
               (2)  any recommendations for improvement of the
  collection, reuse, and recycling efforts under this subchapter.
         (c)  In order to prepare the report required under Subsection
  (a), the commission shall require any recycling leadership program
  established under Section 361.978 to submit the program's
  collection amount in weight for the preceding six years.
         (d)  This section expires September 1, 2018.
         Sec. 361.988.  FEES.  (a)  Except as provided by Section
  361.976(a), this subchapter does not authorize the commission to
  impose a fee, including a recycling fee, on a consumer, television
  manufacturer, retailer, or person who recycles covered television
  equipment.
         (b)  Fees or costs collected under this subchapter may be
  used by the commission only to implement this subchapter.
         Sec. 361.989.  CONSUMER RESPONSIBILITIES. (a)   A consumer
  is responsible for any information in any form left on the
  consumer's covered television equipment that is collected or
  recycled.
         (b)  A consumer is encouraged to learn about recommended
  methods for recycling covered television equipment that has reached
  the end of its useful life by visiting the commission's and
  television manufacturers' Internet websites or calling their
  toll-free telephone numbers.
         Sec. 361.990.  MANAGEMENT OF COLLECTED TELEVISION
  EQUIPMENT. (a)  Covered television equipment collected under this
  subchapter must be disposed of or recycled in a manner that complies
  with federal, state, and local law.
         (b)  For the purposes of recycling, reusing, or otherwise
  disposing of collected covered television equipment, a television
  manufacturer must follow the standards established under
  "Responsible Recycling Practices for Use in Accredited
  Certification Programs for Electronic Recyclers," "e-Stewards
  Standard for Responsible Recycling and Reuse of Electronic
  Equipment," or the recycling standards adopted by the commission or
  use a recycler that follows those standards.
         Sec. 361.991.  STATE PROCUREMENT REQUIREMENTS. (a)   In
  this section, "state agency" has the meaning assigned by Section
  2052.101, Government Code.
         (b)  A person who submits a bid for a contract with a state
  agency for the purchase or lease of covered television equipment
  must be in compliance with this subchapter.
         (c)  A state agency that purchases or leases covered
  television equipment shall require a prospective bidder to certify
  the bidder's compliance with this subchapter before the agency may
  accept the prospective bidder's bid.
         (d)  In considering bids for a contract for covered
  television equipment, in addition to any other preferences provided
  under other laws of this state, the state shall give special
  preference to a television manufacturer that:
               (1)  through its recovery plan collects more than its
  market share allocation; or
               (2)  provides collection sites or recycling events in
  any county located in a council of governments region in which there
  are fewer than six permanent collection sites open at least twice
  each month.
         (e)  The comptroller shall adopt rules to implement this
  section.
         Sec. 361.992.  FEDERAL PREEMPTION; EXPIRATION. (a)  If
  federal law establishes a national program for the collection and
  recycling of covered television equipment and the commission
  determines that the federal law substantially meets the purposes of
  this subchapter, the commission may adopt an agency statement that
  interprets the federal law as preemptive of this subchapter.
         (b)  This subchapter expires on the date the commission
  issues a statement under this section.
         SECTION 2.  Subsections (b-1) and (b-2), Section 7.052,
  Water Code, are amended to read as follows:
         (b-1)  The amount of the penalty assessed against a
  manufacturer that does not label its computer equipment or covered
  television equipment or adopt and implement a recovery plan as
  required by Section 361.955, 361.975, or 361.977, Health and Safety
  Code, as applicable, may not exceed $10,000 for the second
  violation or $25,000 for each subsequent violation. A penalty
  under this subsection is in addition to any other penalty that may
  be assessed for a violation of Subchapter Y or Z, Chapter 361,
  Health and Safety Code.
         (b-2)  Except as provided by Subsection (b-1), the amount of
  the penalty for a violation of Subchapter Y or Z, Chapter 361,
  Health and Safety Code, may not exceed $1,000 for the second
  violation or $2,000 for each subsequent violation. A penalty under
  this subsection is in addition to any other penalty that may be
  assessed for a violation of Subchapter Y or Z, Chapter 361, Health
  and Safety Code.
         SECTION 3.  (a)  The Texas Commission on Environmental
  Quality shall adopt any rules required to implement this Act not
  later than May 1, 2012.
         (b)  This Act may not be enforced before July 1, 2012.
         (c)  A report required under Section 361.976, Health and
  Safety Code, as added by this Act, is not required to be prepared or
  submitted for the first time before July 1, 2013.
         (d)  A recovery plan required under Section 361.977, Health
  and Safety Code, as added by this Act, is not required to be
  prepared and submitted before July 1, 2013.
         (e)  To qualify as a member of a recycling leadership program
  for 2013 under Section 361.978, Health and Safety Code, as added by
  this Act, a television manufacturer must provide documentation to
  the Texas Commission on Environmental Quality that the manufacturer
  is participating in a program before January 1, 2013.
         (f)  A collection report required under Section 361.979,
  Health and Safety Code, as added by this Act, is not required to be
  prepared and submitted for the first time before March 1, 2013.
         (g)  A retailer of covered television equipment is not
  required to provide the information described by Subsection (b),
  Section 361.980, Health and Safety Code, as added by this Act,
  before the date on which the Texas Commission on Environmental
  Quality rules implementing this Act take effect.
         (h)  Not later than September 1, 2013, the Texas Commission
  on Environmental Quality shall prepare and post for the first time
  the list required under Section 361.983, Health and Safety Code, as
  added by this Act.
         (i)  Notwithstanding Section 361.984, Health and Safety
  Code, as added by this Act, a retailer of television equipment may
  sell television equipment inventory that the retailer acquired
  before September 1, 2013, without incurring a penalty.
         (j)  The Texas Commission on Environmental Quality is not
  required to prepare or submit for the first time the report required
  under Section 361.986, Health and Safety Code, as added by this Act,
  before March 1, 2014.
         SECTION 4.  This Act takes effect September 1, 2011.
 
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